Chp16 Assignment - Chapter 16 Homework for EM 632 PDF

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Chapter 16 Homework for EM 632...

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Ernessa Francois

7/14/19

EM632-850 Legal Aspects in Construction Chapter 16 Assignment 1.

What is the difference between an express warranty and an implied warranty? An express warranty promises a performance outcome. Implied warranty is a judicial doctrine that imposes certain promises on the contracting parties. An implied warranty does not require the consent or agreement of the parties.

2.

What is the Spearin doctrine and how could a contractor use this as a “shield” or a “sword?” The Spearin doctrine is an implied warranty. It could be used as a shield by saying the building defects are caused by the design, and it could be used as a sword by saying the project was more expensive to build because of defective specs.

3.

How are the majority of claims decided when defects can be traced to both the owner and the contractor? The loss will be shared with the owner’s claim reduced by its percentage of fault.

4.

What is design delegation and what is an example of how it functions? Design delegation is a shared responsibility between the contractor and the design professional. An example would be when the contractor submits drawings indicating how he proposed to do the work and the design professional is required to approve the submittals.

7. What must a contractor show in order to invoke the defense of commercial impracticability? The contractor must show that something unexpected has occurred, the risk of this unexpected occurrence was not allocated to the contractor, or that the occurrence of the event rendered performance commercially impracticable.

8. What are the two components of an unconscionability defense? The first is that the weaker party is surprised by a clause because it was hidden in small print or that a clause is one-sided and in favor of the stronger party. 10. What are the similarities and differences between a statute of limitations and a statute of repose? A statute of limitations and a statute of repose are both designed to protect defendants from false or fraudulent claims. Statute of limitations limit the amount of time to make a claim and Statute of repose limits the time period of liability....