Students may tape
class sessionsTECHNOLOGY
if they get priorDEPARTMENT:
permission of the
instructor.
ENGINEERING
Knoblauch
135, 1 University
WESTERN
Illinois
University
Circle, Macomb, Il 61455-1390
COLLEGE of BUSINESS & TECHNOLOGY
CMST 433 (3) Legal Aspects of Construction
MWF 11:00-11:50; KN 330
Dr. Denise Gravitt; (309) 298-2488 email: dd-gravitt@wiu.edu
OFFICE HOURS: (Office location KNBL B-9) MW 10:30-11:30, TR 10:00-11:00 or 1:30-3:00.
Other times available by appointment; call or email me to set up a day & time.
CATALOG DESCRIPTION: 433 Legal Aspects of Construction. (3) A comprehensive
review of legal aspects of construction for managers. Topics include contracts/agreements, liens,
bonds, insurance, codes, certification, laws, and ethics. Prerequisite: CSTM 334 or permission of
instructor.
REQUIRED TEXTS:
Smith, Currie & Hancock’s: Common Sense Construction Law, 4th ed., by Kelleher (Ed).
ISBN# 978-0-470-23136-4
ENGINEERING TECHNOLOGY DEPT: Goals for Student Learning
Technology (Engineering Technology, Graphic Communication, and Construction Management)
is a field of study designed to prepare technical, technical management, and technical
entrepreneurial professionals for employment in business, industry, education, and government.
By graduation, Technology students should be able to:
1.
Think critically and creatively;
2.
Understand the theoretical principles of the profession;
3.
Understand and apply relevant technology in the solution of technical problems;
4.
Develop an appreciation for ethical and professional practices;
5.
Develop and refine oral, written, and visual communication skills; and
6.
Demonstrate an overall competency in the program objectives.
COURSE OBJECTIVES:
Upon completion of this course, students will be familiar with the legal process and
procedures including documents and sources of information about past, current, and future
legal trends and understand construction contractual document language and terms.
Critical thinking exercises will be used to facilitate student learning of the course material.
COURSE TOPICS:
Torts, Criminal vs. contract law, labor law, liens, ethics, and business law.
Articles/Legal Principle papers: 2+ pages, double spaced papers will be written
concerning the topics covered in readings for the course. Review materials can be found
using on-line sources, professional journals, newspapers etc., but must provide sufficient
information so that the context, issue, and progression can be covered in the review. APA
format of citations and references materials will be used.
Mediations: There will be three mediation sessions. The class will be broken up into
three groups, each will take a turn being the mediators, the owners, and the contractors so
you will gain experience using the legal terms and logic in real world situations. Further
requirements for the mediation sessions and grading procedures will be handed out in
class.
Reading Lists and resources will be handed out separately.
COURSE REQUIREMENTS:




Each student is expected to read all assignments and write a summary journal entry on the
topics read. Two copies of the assigned homework should be printed- one to turn in at the
BEGINNING of the class, one for the student to keep and update as the class progresses.
Grades will be assigned based upon completeness of work, grammar, spelling etc. Each
student is expected to attend class lectures, sessions with speakers, and exams when
scheduled.
FINAL EXAMINATION: Wed. Dec. 11, 1-2:50 PM. See Course Calendar. Open book,
notes etc.
The student will complete all assigned individual activities and turn them in on the due
date. Late work and emailed work will not be accepted for grading unless the student has
a WIU approved absence.
It is the instructor’s responsibility to provide an atmosphere conducive to learning. This
means that I will not allow cell phones or iPODs (any MP3 players) to be used during
class- if I see them or hear them they will be mine for the duration of the class. Nor will I
allow eating or reading of papers, or side discussions with other students. Late students
may not be admitted to the classroom. I expect everyone to act professionally. Thus, I will
also not allow swearing or profanity, rude or disparaging jokes or behavior in class.
You will get one warning, and after that if you do not correct your speech or
behavior you will be asked to leave the classroom.
GRADING:
3 Exams
Final Exam* Optional
Hmwk
Article/Legal papers
Mediations
Attendance**/Participation
15 % ea.
10 %
20%
15%
10 %
100%
* Final exam counts as one of the best 3 of 4 exams used to calculate student course grade.
** Attendance is mandatory. Everyone can have up to 2 absences excused and/or
unexcused. If you use up your absences for personal reasons and then get sick- too
bad since no more than 2 will be excused. No matter why you are absent
homework/assignments are still due the day as indicated in the syllabus. If you are
sick email the assignment to show it is complete then turn it in as a paper document
the class period you return to class. If this isn’t done they will not be graded. Any
absences over 2 will count against your semester grade in addition to not getting
grades for assignments due that day. It is the students responsibility to find out what
they missed when not in attendance.
Online Absence Reporting System (OARS)
In accordance with WIU University Senate policy; students are to report any absences through
OARS. Beu Health Center will no longer issue documentation of absence due to illness.
Final grade scale is below. No rounding up of percentages will occur.
GRADES BREAKDOWN:
*A+
(97.0% - 100%)
C+
(77.0% - 79.9%)
A
(93.0% - 96.9%)
C
(73.0% - 76.9%)
A(90.0% - 92.9%)
C(70.0% - 72.9%)
B+
(87.0% - 89.9%)
D+
(67.0% - 69.9%)
B
(83.0% - 86.9%)
D
(63.0% - 66.9%)
B(80.0% - 82.9%)
D(60.0%- 62.9%)
NOTE: WIU does not count A+. Any grade above 93% will be reported as an A. A temporary
symbol of I (Incomplete) for a course may be given only when a student, due to circumstances
beyond his or her control, has been unable to complete the course requirements within the official
limits of the term. The circumstances must be documented to the instructor’s satisfaction.
ACADEMIC INTEGRITY:
Preamble
Western Illinois University, like all communities, functions best when its members treat
one another with honesty, fairness, respect, and trust. Students have rights and
responsibilities (http://www.wiu.edu/provost/students/) and students should realize that
deception for individual gain is an offense against the members of the entire community,
and it is the student's responsibility to be informed and to abide by all University
regulations and policies on Academic Integrity.
Plagiarism, cheating, and other forms of academic dishonesty constitute a serious
violation of University conduct regulations. Students who engage in dishonesty in any
form shall be charged with academic dishonesty.
It is a duty of faculty members to take measures to preserve and transmit the values of the
academic community in the learning environment that they create for their students and
in their own academic pursuits. To this end, they are expected to instill in their students a
respect for integrity and a desire to behave honestly. They are also expected to take
measures to discourage student academic dishonesty, to adjust grades appropriately if
academic dishonesty is encountered, and, when warranted, to recommend that additional
administrative sanctions be considered. Grading policies are the exclusive prerogative of
the faculty; administrative sanctions are under the authority of the Director of Student
Judicial Programs. This document provides policies and procedures to be followed when
academic dishonesty is encountered.
Definitions of Academic Dishonesty
The following definitions and examples are not meant to be exhaustive. The University
reserves the right to determine, in a given instance, what action constitutes a violation of
academic integrity. (See www.wiu.edu/policies/acintegrity.php for complete descriptions
of the following topics:
1.
2.
3.
4.
5.
6.
Plagiarism
Fabrication and Falsification
Cheating
Complicity in Academic Dishonesty
Abuse of Academic Materials
Multiple Submissions
Reporting Academic Dishonesty
All members of the University community share the responsibility and authority to
challenge and make known acts of apparent academic dishonesty. Any student, faculty
member, or staff person who has witnessed an apparent act of student academic
dishonesty, or has information that reasonably leads to the conclusion that such an act has
occurred or has been attempted, has an ethical responsibility for reporting said act(s).
Confronting and reporting academic dishonesty can be done in a variety of ways, and
people should choose the manner most appropriate for the circumstances. Acts of
apparent academic dishonesty that occur in the classroom should be reported directly to
the course instructor, and/or the course instructor's Department Chair, and/or the
instructor's College Dean. The Council on Admission, Graduation, and Academic
Standards (CAGAS) or the Graduate Council will not accept or act upon anonymous
reports, but will hold in strict confidence the identity of any person reporting a suspected
instance of academic dishonesty, unless that person consents to having his/her identity
revealed.
STUDENT ACCESS & DISABILITY SERVICES:
In accordance with University policy and the Americans with Disabilities Act (ADA),
academic accommodations may be made for any student who notifies the instructor of the
need for an accommodation. For the instructor to provide the proper accommodation(s), you
must obtain documentation of the need for an accommodation through Disability Resource
Center and provide it to the instructor. It is imperative that you take the initiative to bring such
needs to the instructor's attention, as he/she is not legally permitted to inquire about such
particular needs of students. Students who may require special assistance in emergency
evacuations (i.e. fire, tornado, etc.) should contact the instructor as to the most appropriate
procedures to follow in such an emergency. Contact Disability Resource Center at 298-2512
or disability@wiu.edu for additional services.
If you have emergency medical information to share with me, if you need special
arrangements in case the building must be evacuated, or if you need accommodations in this
course because of a disability, please make an appointment with me as soon as possible. My
office location and hours are at the top of this syllabus. If you plan to request disability
accommodations, you must register with the Disability Resource Center (DRC) at 298-2512.
COURSE CALENDAR/ BREAKDOWN OF ASSIGNMENTS:
Note: This syllabus may be revised by the instructor at any time. Revisions will be noted in class.
Homework is assigned on date indicated and DUE the FOLLOWING class period at the
beginning of class.
Date
8/19
Topics covered
Introduction, law vs. ethics
Homework Assignments (may be revised)
List web sites sources of construction related law &
ethics information, both text and internet sitesinclude site addresses. Read Chpt. 1.
8/21
Chpt 1 Business vs.,
Construction law
Chpt 1 Summary Questions- due 8/26. Read Chpt 2.
8/26
Chpt 2
Chpt 2 Sumary Questions – due 8/28
Where does common law fit? Find an article related
to a case/legal issue related to common law. Bring
to class on 8/28.
Read Chapter 3.
8/28
Chpt 3
Chpt 3 Review Questions- due 9/4. Read Chpt. 4
9/2
No Class
9/4
Chpt 3 & 4
Chpt 4 Review Questions- due 9/9
9/9
Chpt 4 & 7
Review Questions Chpt 7- due 9/11.
9/11
Chpt 7- & Exam #1 Review
9/18
Exam #1
Read Chpts 5 & 6 Find at least one article in addition
to those listed in reading list that relate to topics in
Chpts 5 & 6. Bring to class to 9/23.
9/23
Chpt 5/6 Contract Docs..
Write an Article Review using your article if OK and
one from reading list, compare/contrast, explain how
they relate to topics- due 9/25
9/25 Chpts 5 & 6 Contracts, ambiguity
Define ambiguity in your own words. Elaborate and
exemplify/illustrate contract Ambiguity. Explain
UCC & how applies to construction- due 9/30
9/30 Chpt 8: Subcontracts, changes…
List & define/explain criteria for the main
types of contract changes- due 10/2 beginning of class
along with Mediation #1 write-up
10/2 Mediation #1
Read Chpt 9
10/7
Find at least one article in addition to those
listed in reading list that relate to topics in
Chpts 8 & 9
Chpt 8 & 9. Write an Article Review compare/contrast,
explain how they relate to topics- due 10/9
10/9
Professional Ethics Module
Compare/contrast Contract law & need for
Professional Ethics-define ethics & professional
ethics. Review 3 construction professional
organization (NOT companies) websites find 3
ethic principles in common with the 3 organizations .
Read & write a Review of at least one ethical case
study at http://www.onlineethics.org/ Due 10/14
10/14 Ethics, Review Chpts 5, 6, 8, 9, Ethics, Mediation #1
10/16 Exam #2:
Read Chpts. 16, 10, 11. Hmwk: List and describe
the main types of issues resulting in construction
claims. List & summarize the contract clauses that
govern change procedures- due at beginning of class
10/21.
10/21 Chpt 16, 10, 11 Changes
Review 1 article plus one from reading list per
examples- compare/contrast etc. relationship to a
chapter topic(s)- due 10/23
10/23 Chpts 16, 10, 11 cont’d
10/27 Last Day to drop a class
Handout Mediation #2.
10/28
Mediation #2
Read Chpts 17 & 20. Hmwk- Compare/Contrast
main 2 types of bankruptcy applicable to
construction industry. Due at beginning of class
10/30
10/30
Chpt 17
Find article relating to this issue & write an Article
Review per example- due 11/4. Read Chpt. 13
11/4 Chpt 20, 13
List and summarize 2 main laws governing
Environmental Safety & worker safety issues. Due
11/6.
11/6 Chpt 13/ Risk Management
Find example articles/cases from these chapters &
write an Article Review- due 11/11. Read Chpts 19
& 18.
11/11 Chpt 19 & 18 & Review
List the major types of insurance for construction
projects & industry practitioners. Explain the
differences/applications for each- due 11/13.
Handout Mediation #3
11/13 Exam #3
Prepare for Mediation #3 Read Chpts 12, 14, 15
11/18 Chpts 12, 14, 15
Do Article Review about one topic from
these chapters- due 11/20- turn in ET Dept. Office.
11/20 No Class- prepare for Mediation #3 on 12/4. Read Chpts 21, 22
11/25-11/29 Thanksgiving Break
12/2 Chpts 21, 22 & Review
Prepare for Mediation #3
12/4 Mediation #3
12/11 Final Exam 1- 1:50 PM
LATE HOMEWORK POLICY:
Late or un-excused absence homework will NOT be graded or accepted for any credit.
Emailed homework will not be graded. It must be printed out and turned in at the
beginning of the class period when due for it to be accepted including on days when
students are absent. See attendance policy above – OARS must be used. If a student is
sick and will not attend class (only 2 absences will be allowed for the entire semester
regardless of reason) students may email work due that day to show it was complete then
turn it in the following class period. IT WILL NOT BE GRADED IF NOT PRINTED
OUT AND TURNED IN FOR A GRADE- no exceptions. Printer problems are not my
problem- plan ahead and get it printed out in plenty of time to get to class on time. If you
are late to class I will not accept your work due that day. If you are late to class on a
Mediation day you will not be allowed to enter the room and participate.
ATTENDANCE, STUDENT BEHAVIOR & LATE HOMEWORK POLICIES:
Attendance is required- see Student Handbook for student expectations. There will be no
leaving/reentering the classroom for drinks, bathroom breaks (unless medical emergency),
answering phones etc. Do your personal business before or after class.
There will be no tolerance for disruptive, rude, intolerant, or discriminatory behaviors
including expressions of vulgarity as determined by the instructor. Students exhibiting
these behaviors including texting, answering phones, reading papers, talking to others out
of turn, being argumentative, etc. will be asked to leave the classroom. More than one
request to leave the classroom will result in that student not being allowed to return to the
classroom for the remainder of the semester except for exams.
Late or un-excused absence homework will not be graded and only homework turned in
on paper will be graded. Homework is due at the beginning of the class period; no
excuses for delayed printers etc. will be accepted. It is the student’s responsibility to
have all work typed and printed out and turned in to be graded- plan ahead and use time
management skills. Emailed versions will not be graded- only noted for date of
completion. Those with dates of known non-attendance need to get with the instructor to
plan their work.
Students are responsible for checking email and paying attention in class. If it is spoken,
or written on board, or in syllabus, or via email it is the students responsibility to make
note of the information. Notes of any presentation materials will not be given out to
students- it is the student’s responsibility to take notes.
DISPUTE RESOLUTION:
Should a problem occur, students should speak to their instructor first. If the
problem is not resolved, meet with the chair of the department. If the problem
continues to be unresolved, go to the College of Business and Technology’s
Dean.
Students should observe the following sequence for the resolution of problems:
Student --- Instructor --- Chairperson --- Dean
The University Writing Center is available to assist you with general and specific
questions on writing assigned in any discipline and at any academic level. The one-on-one
assistance available at the Writing Center is valuable for generating ideas, talking about
global-level issues such as organization, and even working through grammatical problems.
The University Writing Center is located in Simpkins Hall 341. Call for an appointment
(298-2815) and be sure to bring a copy of your assignment. For further information about
the Writing Center, please see newly revised website at
www.wiu.edu/cas/english_and_journalism/university_writing_center/faqs.php.