Students may tape
class sessionsTECHNOLOGY
if they get priorDEPARTMENT:
permission of the
instructor.
ENGINEERING
Knoblauch
135
WESTERN
Illinois
University
COLLEGE of BUSINESS & TECHNOLOGY
CMST 433 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 1:30-2:30, TR 9:30-11:30 or 1:00-3:00.
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.
Aticles/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: Thursday May 12, 10-11:50 AM. 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.
Final grade scale is below. No rounding up of percentages will occur.
GRADES BREAKDOWN:
*A+
A
AB+
B
B-
(97.0% - 100%)
(93.0% - 96.9%)
(90.0% - 92.9%)
(87.0% - 89.9%)
(83.0% - 86.9%)
(80.0% - 82.9%)
C+
C
CD+
D
D-
(77.0% - 79.9%)
(73.0% - 76.9%)
(70.0% - 72.9%)
(67.0% - 69.9%)
(63.0% - 66.9%)
(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
Support Services 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 Support Services at 298-2512 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 are expected to register with the Disability Support
Services (DSS) at 298-2512.
COURSE CALENDAR/ BREAKDOWN OF ASSIGNMENTS:
Note: This syllabus may be revised by the instructor at any time.
Homework is assigned on date indicated and DUE the FOLLOWING class period at the
beginning of class.
Date
1/18
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.
1/20
Chpt 1 Business vs.,
Construction law
Explain Chpt 1 Summary Questions.
1/23
Chpt 1
Chpt 1 Summary Questions Due; Read chpt 2
1/25
Chpt 2
Where does common law fit? Find an article related
to a case/legal issue related to common law. Bring
to class on 1/27.
Chpt 2 Summary Questions due: Find 1 article
related to a type of delivery system. Write an Article
Review paper due 1/30.
1/27
Chpt 2, Contract Delivery Systems
1/30
Chpt 3
Article Review Paper due. Read Chpt 3
2/1
Chpt 3/4
Chpt 3 Review Questions due, Read Chpt 4.
2/3
Chpt 4
Start Review Questions Chpt 4 due 2/6.
2/6
Chpt 7- Designer A/E
Chpt 4 Review Questions due. Start Reading Chpt 7
2/8
Chpt 7 & Review Exam 1
Start Chpt 7 Review Questions, due 2/10
2/10 No class
2/13 No class
Chpt 7 Review Questions due- turn in at ET office.
2/15
Exam #1
Read Chpts 5 & 6
2/17
Chpt 5 Contract Docs
Find at least one article in addition to those listed in
reading list that relate to topics in Chpts 5 & 6.
Bring to class today.
2/20 Chpt 5/6
Write an Article Review using your article if OK and
one from reading list, compare/contrast, explain how
they relate to topics- due 2/20
2/22 Chpts 5 & 6 Contracts, ambiguity
Article Review due; Hmwk: Define ambiguity in
your own words. Ellaborate and exemplify/illustrate
contract Ambiguity. Explain UCC & how applies to
Construction. Due 2/22
2/24
Hmwk Due. Mediation #1 Handed out. Read
Chpt 8
Chpts 5 & 6: General conditions,
UCC…
2/27 Chpt 8: Subcontracts, changes…
List & define/explain criteria for the main
types of contract changes- due 2/24 beginning of class
2/29 Mediation #1
Read Chpt 9
3/2
Find at least one article in addition to those
listed in reading list that relate to topics in
Chpt 8 & 9. Review articles, compare/contrast,
Chpts 8 & 9
explain how they relate to topics- due 3/2
3/5
Chpt 9
Article review Chpt 8/9 due. Find 2 websites related to
ethics for our profession. Bring site addresses list and
review of sites (1 Ok to 3 Excellent) to class.
3/7
Professional Ethics Module
3/9
Professional Ethics cont’d
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 organizationsdue 3/7
Ethics hmwk due. Read & write a Review of at least
one ethical case study at
http://www.onlineethics.org/
3/12-3/16 Spring Break
3/19 Review Chpts 5, 6, 8, 9, Ethics, Mediation #1
3/21 Exam #2:
Read Chpt. 16, Begin reading 10, 11.
3/23 Chpt 16 Changes
Review 1 article plus one from reading list per
examples- compare/contrast etc. relationship to a
chapter topic(s)- due 3/26
3/26 Chpt 16, 10, Changes- proof…
Article Review due. Finish reading chpts. See Hmwk
due next class below.
3/28 Chpts 10 & 11
Hmwk: List and describe the main types of issues
resulting in construction claims. List & summarize
the contract clauses that govern change proceduresdue at beginning of class today.
3/30 Chpts 16, 10, 11 cont’d
Handout Mediation #2. Do an Article Review due
4/2
4/1 Last day to drop a class
4/2 Chpts 16, 11, 10
4/4 Differing Site Conditions,
Schedule Delays/Accelerations
Article review due.
Work on Mediation #2
4/6
Read Chpt 17
Mediation #2
4/9 Chpt 17
Read 20: Hmwk- Compare/Contrast main 2 types of
bankruptcy applicable to construction industry. Due
at beginning of class today. Find article relating to
this issue & review it- due 4/11.
4/11 Chpt 20 Bankruptcy
Article Review due. Read Chpt 13.
4/13 Chpts 17, 20, 13
List and summarize 2 main laws governing
Environmental Safety & worker safety issues. Due
today beginning of class. Find example
articles/cases from these chapters & write an Article
Review- due 4/16.
4/16 Chpt 13/ Risk Management
Article Review due. Hmwk: in your own words
summarize and Define Risk Management. Read Chpt
19 and Compare/contrast labor law past and presentdue 4/18. Read Chpt 18.
4/18 Chpt 19
Hmwk due. Find an article in addition to one in
reading list that relate to one or more labor
issues- write an Article Review- due 4/23.
4/20 Chpt 18
4/23 Review
Hmwk: List major types of insurance for
construction projects & industry practitioners .
Explain the differences/ applications for each- due
4/23
Handout Mediation #3
4/25 Exam #3
Read Chpts 12, 14, 15
4/27 Chpts 12, 14, 15, Warranties, bonds
Do Article Review about one topic from
these chapters- due 4/30. Read Chpts 21, 22 & 13
4/30 Chpts 21, 22, 13
5/2 Chpts 21 & 22, 13/ Review
Article Review due. Hmwk: Compare/contrast
litigation & the Fed./State versus private, litigation
trends, main types of alternative dispute resolution
techniques-due 5/2
Hmwk Due. Prepare for mediation #3.
5/4 Mediation #3
5/9 Final Exam 10- 11:50 AM
LATE HOMEWORK POLICY:
Late, or un-excused absence homework will NOT be graded or accepted for any credit.
Excused absence homework will NOT be accepted more than 1 week past the assigned
due date subject to the student situation.
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, 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 documented University approved absences need to get with the
instructor for missed 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.