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LICC
This collection of 50 case studies deals with a variety of legal issues specific to concrete construction. Synopses of the court cases - including interpretations - highlight the importance of a contract, bidding, responsibility, concrete performance, defective concrete, inspection observation, supervision, insurance issues, dispute resolution, personal injury, and additional legal pitfalls - all as related to concrete. 8-9-2004 Contents: Table of Contents
2.1 Who Pays for a Load Test? 2.2 Order of Precedence Clause 2.3 The Importance of a Contract 2.4 The Importance of Following Claims Procedures 2.5 Unforeseen Conditions: Concrete Too Tough
3.1 Competitive Bidding
4.1 Architect/Engineer Responsible for Failure of a Concrete Topping 4.2 Transportation Department Responsible for Proportioning the Concrete Mixture 4.3 Contractor Responsible for Floor Slab Design
5.1 Cold-Weather Curing 5.2 Supplier Responsible for Concrete Strength 5.3 Defective Workmanship—Owner-Contractor’s Pitfalls 5.4 Architect’s Responsibility for Contractor Work 5.5 Order of Work and Delays 5.6 Substantial Performance Doesn’t Hold for Contractor 5.7 Superflat Floor, Defective Specifications 5.8 Defective Shotcrete—Liability for Failure to Inspect
6.1 Strength and Curing 6.2 Contaminated Concrete and the Mechanic’s Lien 6.3 Defective Concrete—Building Codes 6.4 Defective Concrete—Water Added at the Job Site 6.5 Responsibility for Substituted Materials 6.6 Delayed Ettringite Versus Alkali Silica Reaction
7.1 Obligation to Supervise Construction 7.2 The Negligence of Inspectors 7.3 Defective Concrete—The Inspection Issue
8.1 Defective Concrete—Measure of Damages 8.2 Breach of Contract—Loss of Anticipated Profits 8.3 Costs of Sidewalk Replacement 8.4 Liquidated Damages and Substantial Completion 8.5 Damages for Emotional Distress
9.1 Flagrant Negligence, Expert Testimony 9.2 Concrete Strength—Expert Testimony: Who Can Serve as an “Expert”? 9.3 Lack of Expert Testimony 9.4 Expert Testimony Not Required If There Is “Clear and Palpable” Negligence
10.1 General Liability Coverage 10.2 Successive Insurance Carriers—Who Pays for the Loss?
11.1 Judicial Review of Arbitration Awards 11.2 Arbitration and Collateral Estoppel
12.1 Accord and Satisfaction 12.2 Tortious Interference 12.3 Duty to Disclose 12.4 Statute of Limitations 12.5 Statute of Limitations and Piercing the Corporate Veil 12.6 Antitrust Law—It Could Apply to You! 12.7 Third-Party Beneficiary
13.1 Placing Concrete—Not Inherently Dangerous 13.2 Personal Injury—Contractor’s Liability 13.3 Personal Injury—Owner Responsibility 13.4 Personal Injury—OSHA: Place of Employment
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ACI
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