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
TR 9:00-10:15; KN 330
Dr. Denise Gravitt; (309) 298-1252 email: dd-gravitt@wiu.edu
OFFICE HOURS: (Office location KNBL B-39) TR 2-4:00, W 9-11. 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 the 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
Presentation
Attendance/Participation
15 % ea.
5%
15%
15%
10%
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.
Plagiarism
Fabrication and Falsification
Cheating
Complicity in Academic Dishonesty
Abuse of Academic Materials
6.
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
Topics covered
Homework Assignments (may be revised)
1/18
Introduction, law vs. ethics
1/20
Chpt 1 Business vs.,
Construction law
1/25
Chpt 1/Chpt 2
1/27
2/1
Chpt 2, Contract Delivery Systems
Chpt 2/ Chpt 3
2/3
2/8
2/10
2/15
Chpt 3 / Chpt 4
Chpt. 7- Designer A/E
Review – Chpts 1, 2, 3, 4, 7
Exam 1
2/22
Chpts 5 & 6, Contracts, ambiguity
General conditions, UCC…
2/24
Chpts 5 & 6, Contracts, ambiguity
General conditions, UCC…
Mediation #1
3/1
List web sites sources of construction related
law & ethics information, both text and internet
sites- include site addresses. Read Chpt. 1.
Chpt 1 Summary Questions.
Where does common law fit? Find an article
related to a case/legal issue related to common
law. Bring to class on 9/9. Read Chpt. 2.
Chpt 2 Summary Questions
Find & review 1 article related to a type of
delivery system. Read Chpts 3 & 4.
Chpt 3 & 4 review questions , read Chpt 7
Read Chpt 5&6, Find at least one article in
addition to those listed in reading list that relate
to topics in Chpt 5 & 6. Review articles,
compare/contrast, explain how they relate to
topics- due 2/17
Define ambiguity in your own words.
Elaborate and exemplify/illustrate contract
Ambiguity. Explain UCC & how applies to
Construction
Mediation preparation #1
Find article/case related to Chpt. 5 & 6 topics.
Compare/contrast it with one from reading list.
Read Chpts 8 & 9
3/3
Chpts 8 & 9, Subcontracts, Changes List & define/explain criteria for the main
types of contract changes
3/8
Chpts 8 & 9, Subcontracts, Changes 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,
explain how they relate to topics.
3/10 Professional Ethics Module
Compare/contrast Contract law & need for
Professional Ethics-define ethics & professional
ethics. Review 3 construction professional
websites fine 3 ethic principles in common with
the 3 organizations.
3/14-3-18 Spring Break
3/22 Review Chpts 5, 6, 8, 9,Ethics, Mediation
3/24 Exam #2
Read Chpts. 16, 10, 11.
3/29 Chpt 16,10, 11 Changes- proof…
Review 1 article plus one from reading list per
examples- compare/contrast etc. relationship to
a chapter topic(s).
3/31 Chpts 16, 10, 11 cont’d
List main types of issues resulting in
construction claims. List contract clauses
4/5 Differing Site Conditions,
Schedule Delays/Accelerations
4/7 Mediation #2
4/12 Chpt 20 Bankruptcy
4/14 Chpts 17, 20, 13 Environmental &
Safety issues
4/19 Chpt 19
4/21 Chpt 19/ 18, Insurance
that govern change procedures.
Mediation #2 preparation
Read Chpts 17, 20
Compare/Contrast main 2 types of bankruptcy
applicable to construction industry. Find article
relating to this issue & review it.
List 2 main laws governing Environmental
issues & worker safety issues. Find example
articles/cases for each & give summary/review
of articles. List reference/source data. Define
Risk Management. Read Chpt 19
Compare/contrast labor law past and present.
Find an article in addition to one in
reading list that relate to one or more labor
issues- compare/contrast articles
Read Chpt 18; List major types of insurance for
construction projects & industry practitioners
Explain the differences/ applications for each.
4/26 Chpt 18, Review
4/28 Exam #3
5/3
Chpts 12, 14, 15, Warranties, bonds,
bonds, Guarantees, liability
5/5 Chpts 21 & 22, 13
Do article review with additional articles +
one from reading list about one topic from
these chapters. Read Chpts 21 & 22
Compare/contrast litigation & the Fed./State
versus private, litigation trends main types of a
alternative dispute resolution techniques.
5/5 Mediation #3/ Review
5/12 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 assigned based upon 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 oneon-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.