Packed with easy-to-understand guidelines, protocols, and checklists, this indispensable volume helps you:
- Determine proper construction methods and costs during planning and bidding Avoid defects in the building stages and enhance quality control
- Obtain the proper insurance and satisfy underwriting requirements
- Reduce or eliminate the threat and cost of litigation
To help you minimize cost and lost time when disputes become unavoidable, Defect-Free Buildings also delivers a wide range of powerful conflict-resolution techniques.
You'll learn how to:
- Get the right contract in place
- Develop forms and documents that minimize or eliminate disputes and delays in payment
- Document construction conditions to avoid potential conflicts and owner claims
- Resolve conflicts effectively
- And more!
Written by a construction attorney with more than 25 years' experience as an arbitrator and mediator, Defect-Free Buildings is the money-saving resource you'll want within reach on every construction job!
Robert S. Mann has nearly 25 years' experience as a lawyer, arbitrator, and mediator of construction disputes. He has been involved in hundreds of complex construction defect and construction breach of contract matters involving hundreds of millions of dollars, and has successfully mediated/arbitrated over 100 construction, business, and real estate disputes. He has substantial technical expertise in virtually every aspect of construction, lectures extensively, and has authored numerous appellate briefs.
Mr. Mann is President of The Mann Law Firm, APC, and a member of the National Roster of Construction/Commercial Arbitrators, American Arbitration Association, Panel of Mediators and Arbitrators, Arbitration Mediation and Conciliation Center. He was Special Litigation Counsel for the bankruptcy estate of owner/developer, resulting in the largest construction defect arbitration award in California history.
Table of Contents:
- How to Use This Book
- Chapter 1: A Basic Primer on the Construction Process
- Chapter 2: The Construction Contract
- Chapter 3: Why Do Contractors Get Sued?
- Chapter 4: Background to Construction Defect Law
- Chapter 5: The Most Common Construction Defects and How to Avoid Them
- Chapter 6: Using Plans, Specifications, and Contract Terms to Avoid Defects
- Chapter 7: Document Control
- Chapter 8: Managing Conflict During Construction
- Chapter 9: Cost-Saving Techniques
- Chapter 10: The Lawsuit -- What Happens Next
- Chapter 11: Conclusion
- Appendix A: Form of Case Management Order
- Appendix B: Form of Construction Defect Complaint: Homeowner vs. Developer
- Appendix C: Form of Complaint: Homeowner vs. Contractor
- Appendix D: Form of Final Defect List: Homeowner vs. Contractor
- Appendix E: Form of Mediation Brief: Homeowner vs. Developer -- Principal Issues Involve Soils Problems
- Appendix F: Form of Answer to Complaint: Homeowner vs. Contractor
- Appendix G: Form of Cross Complaint by Contractor Against Subcontractors for Indemnity and Against Owner
- Appendix H: Selected Provisions for Construction Litigation
- Biographical Note