LAW-6408 CONSTRUCTION LAW PROC & PRAC
Construction Law leading to an understanding of rights and responsibilities, including express and implied duties, of contracting parties; liabilities, remedies and recoveries for non-contracting parties in the construction process; and, procedures - common law, statutory and contractual - for resolving construction disputes and pursuing and defending construction claims. The teaching and learning emphasis is analysis, legal and factual, of a construction case; preparation and presentation of plain meaning legal memoranda for trial and hearing judges and arbitrators; acting as an advocate and serving as a judge in hearings and arbitrations; and, drafting agreements and stipulations entered into after disputes begin. Coverage includes detailed study of quantum meruit recovery and defenses; of statutory causes of action such as prompt pay, Florida Deceptive and Unfair Trade Practices Act, the statutory cause of action for damages for violation of building code(s), the required statutory procedures for identification and resolution of Construction Defects; and modern procedures for speedy and efficient resolution of disputes and claims including declaratory relief and non-binding arbitration. Electronic transmission, use, and control of documents will be addressed. Ethical considerations and the strict duties required of the practicing construction lawyer are emphasized and tested. Ten (10%) per cent of the final grade is based upon documented effort, a grade is well earned.