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DLC310: Practical Applications of Construction Law (Fall, 2019)

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by Construction Experts, Inc.

September 9 - November 24, 2019
30 PDH / 3.0 CEU

The course will start on the date stipulated. Once your registration is received, the instructor will be notified of your enrollment within one business day. You should receive login instructions by email from the instructor during the week before the course begins.

Please order your textbook from the source noted in adequate time to allow receipt before the start of the course.

Introduction 
The purpose of the 310 Practical Applications of Construction Law online course is to provide a framework for understanding the legal environment in which construction takes place. Students will learn the stages of contracts, how to avoid litigation, methods to protect yourself/ your company in a litigious society, understand the legal liability of construction professionals, avoid disputes using clauses, and be more informed when navigating the legality of the jobsite.

Students will learn about the different models of contracts, contract principles, offers, and defenses to the formation of contracts. We will review the Uniform Commercial Code (UCC) and how it is used in sales contracts. Topics also include the roles and responsibilities of the contractor, architect, and the documents that bind them. Bonds, liens, and waivers, the legal liability of construction professionals, avoiding disputes through use of clauses, and how to avoid defects are included in this course.

Learning Objectives
Students who successfully complete Practical Applications of Construction Law will learn the basic principles of construction law. Topics to be studied include:

  • Recognize the validity of offers and counter-offers
  • Explain how the lack of a contract, or change order does not justify unjust enrichment
  • Recognize that Parole Evidence is subordinate to the four corners of the contract
  • Explain how the UCC governs the actions of suppliers
  • Establish the different methods commonly used to prevent litigation
  • Understand the protections afforded by bonds, liens, and waivers
  • Examine the legal liability of construction professionals
  • Explain how to avoid disputes through the use of clauses and how to avoid defects

Class Organization and Grading
The course will be taught in ten modules. Each module lasts one week. In that week students will read through the online lectures, participate in online discussion, take a quiz and submit a homework assignment using the IRAC format.

The following table lists the learning modules, the maximum value in points a student can receive within each module, and the time in which the modules must be finished.

Module Point Value By End of Week
0. Student Orientation 4 1
1. Intro to the Legal System Contractual Relationships 30 1
2. Contract Principles 30 2
3. Sales Contracts (Uniform Commercial Code) 30 3
4. Dispute Resolution and Labor Law 30 4
5. Legal Aspects of Contract Documents 30 5
6. Bonds, Liens, and Waivers 30 6
7. Legal Liability of Construction Professionals 30 7
8. Avoiding Disputes: Clauses 30 8
9. Avoiding Disputes: Mistakes, Defects, and Unforeseen Conditions 30 9
10. Wrap up and Applications 30 10
Total Points 300
It is important that students keep up with the class and not fall behind.

Grading Policies
Points will accrue each week. Students will learn about an area of law that affects the construction industry, read cases relevant to the law,then compose a narrative on how the problem/grievance may be decided using the Issue, Rule, Analysis, Conclusion (IRAC) format. The Honor Code in this class is simple: No student shall copy or plagiarize another’s work. Vigorous debate is recommended, however your written communications and your answers must be your own. Failure to abide by the Honor Code shall result in penalties to the student’s grade.

You will have full access to your grade sheet so you will be able to keep track of how you are doing at all times.

Your overall grade in the course will be determined by the total number of points you have accumulated on quizzes and assignments. The grading scale is as follows:

  • A 300 to 270 points
  • B 269 to 240 points
  • C 239 to 210 points
  • D 209 to 180 points
Anything less will be considered an unauthorized withdrawal from the course or F (failure).

You will be given more information about the grading and other course matters in the Orientation Module.

THE TEXTBOOK FOR 310 PRACTICAL APPLICATIONS OF CONSTRUCTION LAW
Link to: Construction Law for Managers, Architects, and Engineers by Nancy White ISBN 978-1-4180-4847-1

Withdrawals and Refunds

You may withdraw from this course by sending an email to education@aacei.org requesting to be dropped from the course. Non-attendance or notifying the instructor does not constitute officially dropping or withdrawing from a course. Students who stop attending courses without officially dropping will receive a grade of U in the class. Refunds are not automatic. NO refunds are due unless the course is officially dropped within stated guidelines in the refund schedule.

Refund Schedule

  • Withdrawal received before the first day of class – total fee less a $125 cancellation fee.
  • Refund requests emailed on or after the first day and no later than two weeks after the first day of class will be refunded 65% of the fee, after which time there is no refund.
  • Decision on withdrawals and refunds will be based on the date when the written withdrawal notice is received by AACE International.