COURSE SYNOPSIS
COURSE:
CArEE 349 Engineering and Construction Contract Specifications
INSTRUCTOR: Polly Scott-Showalter, P.E. LEED GA Lecturer
Winter 2014
E-mail: pollyss@mst.edu
TEXT: Common Sense Construction Law; Smith, Currie & Hancock; 4th Edition; John Wiley & Sons, Inc.; 2009
COURSE DESCRIPTION: Legal and business aspects of contracts and contracting procedure in the construction
industry to include contracts for engineering services and for construction. Analysis, study of precedents, and application
of the more important provisions, including changes, differing site conditions, liability, arbitration, termination, disputes,
appeal procedure, payments, insurance, inspection, liquidated damages, and technical provisions.
PREREQUISITE: The course prerequisite is a final grade of C or better in either CE or Arch E 248 {CArEE 248}.
Graduate students with subject matter related job experience may be granted an exception to this prerequisite; but, are
required to contact the instructor for approval to enroll. The instructor shall drop any student from the course rolls who
fails to satisfy the prerequisite.
COURSE GOALS and STUDENT OUTCOMES:
See separate document entitled STUDENT OUTCOMES.
GRADING:
A. Examinations: Three, 100-point examinations representing, value = 75%.
B. Deliverables:
Homework, quizzes, and case studies, value = 25%.
C.
Final grades shall be awarded using the following guidelines:
1. General rule:
A = Excellent ~ weighted average ≥ 90%
B = Superior ~ weighted average ≥ 80% but < 90%
C = Medium ~ weighted average ≥ 70% but < 80%
D = Inferior ~ weighted average ≥ 60% but < 70%
F = Failure ~ weighted average < 60% {An absolute cut-off percentage, not subject to the exception.}
2. Exception: The instructor reserves the right to adjust the low end weighted average cut-off score based upon
the statistical distribution of the semester averages for A, B, or C final grades. For instance, if there is a large
gap in the weighted averages at 88%, then the instructor may decide to award an A grade to all students above
that value. This is done at the instructor’s discretion and in no way should be construed to mean that it will be
done each and every semester. If a student wishes to earn a particular final grade then the student should focus
on earning the minimum weighted averages described in the general rule.
3. REMINDER: A final grade of C or better is required for graduate credit in CArEE 349.
EXAMINATIONS: There shall be three examinations, one for each Part shown in the schedule of classes. The
examinations shall be take-home examinations posted to Blackboard following the last lesson presentation in each Part of
the course. Detailed instructions shall be provided on each examination.
DELIVERABLES:
A. Deliverables are defined as any required work that was assigned for acquisition or preparation outside of the
regular classroom, e.g. web-based reference documents, homework, take-home quizzes, and case studies. All
deliverables are mandatory and due no later than the required suspense. It is the student’s responsibility to forward
the required work on-time, every time, and any delays due to the failure of the internet shall not be accepted as an
excuse. Failure to submit a deliverable on-time and reasonably well attempted shall result in a deduction of 50% of
the assigned point value, with an additional 10% deducted for each 24 hour period late until such work is delivered
into the instructor’s possession, properly completed. Any deliverable not properly submitted within one calendar
week of a required due date shall result in a failing grade for the student for this course.
B. Homework and Case Studies. There shall be homework or case study assignments, generally each week of the
semester, to reinforce the concepts presented in class lecture and readings. Previously adjudicated contract claims
shall be used as case studies to better student understanding of the concepts presented.
C. Quizzes. Periodic quizzes may be administered during any lesson period. Special arrangements shall be established
for distance education students not enrolled on the Missouri S&T campus with details announced at a later date.
QUALITY: All deliverables shall be graded equally for content as well as quality of preparation. Sloppy, illegible,
disorganized deliverables are not acceptable for engineer work and shall lose appropriate points for poor quality.
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ATTENDANCE: CArEE 349 is a 3 credit hour course taught in 15 weekly lessons that cover a multitude of professional
topics which our stakeholders expect students to know upon graduation and entry into the work force. The course text
book is an excellent source of basic information; but, understanding comes from discussing the concepts in light of the
instructor’s actual experiences in the field. It is imperative that undergraduate students enrolled on-campus attend
course lectures and take notes. Consequently, on-time, every time attendance is expected of undergraduates enrolled in
this course for technical elective credit, as is required in professional practice. Late arrival and repeated absences are
simply not acceptable and may result in an instructor drop from the class rolls. The instructor recognizes that graduate
students off-campus at the EEC or at-distance are employed and may not be able to view the lectures live during the
regular work-day. However, those students are expected to view the lecture video as soon as possible based upon their
individual employment situation and to meet all suspense dates for deliverables.
BLACKBOARD: The instructor shall make use of Blackboard {Bb} to communicate with enrolled students.
Announcements, Course Information, and Assignments will be posted for your attention and necessary action. You shall
be held accountable for information transmitted via Bb. Each student is responsible for checking their email account
daily for messages sent via Bb and for ensuring that their mail box account is able to receive messages via the university
server. The instructor shall communicate via the student’s official MST email and shall not use personal email accounts.
MAKE-UP POLICY:
A. If a student misses all or part of a lecture, then she/he is expected to acquire a copy of student notes from one of
their peers.
B. Any student participating in a university sponsored activity shall notify the instructor of any potential absence from
class beforehand. A deliverable or examination required during the absence shall be submitted or taken before
departure.
C. Separate arrangements shall be made for make-up of a late deliverable or a missed examination for any student
with an approved excused absence who was unable to obtain prior approval of the absence. It is the student’s
obligation to contact the instructor as soon as possible. Do not delay!
D. No make-up shall be granted in the instance of an unexcused absence. A late deliverable or examination shall be
administered as discussed in the paragraph entitled DELIVERABLES.
CLASS PREPARATION:
A. Each student is expected to be prepared before the start of each lecture.
B. Students shall bring to lecture those handouts pertinent to the PART of the course being studied, unless specifically
told otherwise by the instructor.
C. All ‘Readings’ identified on the course Schedule of Classes are to be accomplished before class. A quiz may be given
over any course material in the ‘Readings’ for the day’s lesson or any previous lesson within that PART of the
course being studied.
D. Each student is expected to have available for classroom use the normal tools of the trade: calculator, pencil, eraser,
straight edge, paper, and course handouts. A translucent highlighter marker is recommended for use in marking
handouts without obscuring the print.
ACADEMIC HONESTY: See a separate document, ACADEMIC HONESTY, regarding Collaborative Learning and
Academic Honesty.
ACADEMIC ALERT SYSTEM: The MST Academic Alert System { http://academicalert.mst.edu } shall be utilized to
communicate with individual students who fail to meet the academic requirements of this course. Notifications will
provide both the student and their advisor with information regarding an academic deficiency and the necessary steps to
correct it.
DISABILITY SUPPORT SERVICES: If you have a documented disability and anticipate needing accommodations in
this course, you are required to meet with me early in the semester to establish an understanding of your needs. You must
request the Disability Services staff to send me a letter verifying your disability and specifying the accommodation you
need before I can arrange your accommodation. Disability Support Services is located in 204 Norwood Hall. Their phone
number is 341-4211 and their email is: http://dss@mst.edu.
CLASSROOM DEPORTMENT: Each student is expected to maintain a customary level of classroom deportment that
contributes to a good learning environment. Talking; sleeping; working on another course; playing with electronic game
toys and communication devices; and/or similar such activities detract from the lesson and interfere with the instructor’s
ability to manage the class and the other students’ ability to learn. Such behavior is unacceptable and shall not be
tolerated. Additionally,
A. You may not sleep in class! If you cannot stay awake, then stand up in the back of the room. If you are so tired that
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B.
C.
you cannot stay awake even when up on your feet, then go home and go to bed. You will be assessed an unexcused
absence upon your departure.
You may not play with your electronic toys and communication devices during class. If you are observed doing so,
then you will be asked to leave the classroom and assessed an unexcused absence.
Exception for electronic notebooks: A student who wishes to take notes in an electronic note book shall be allowed to
do so with the instructor’s approval. The device must be shown to the instructor in order to receive approval for use
in class. This approval may be rescinded if the device is used contrary to this exception policy.
SCHEDULE OF CLASSES ~ Winter 2014
DATE
Week #
TOPICS
READINGS
PART 1
INTRODUCTION & LAW OF CONTRACTS
Jan 2
1
Introduction; Beginnings of law ; Project Life-Cycle;
CSI; Legal Context of Construction
Preface and
Chap 1
Jan 30
2
Alternative Contracting Methods
Chap. 2
Feb 06
3
Interpreting the Contract; Types of Contracts;
Owner’s Warranties; Spearin Doctrine
Chap 5
Feb 13
4
Contract Formation Principles
Chap. 4
Feb 20
5
Contact Formation Principles {cont.}
Uniform Commercial Code {UCC}
Chap. 4
Chap. 6
Take-home Examination #1
All Previous
PART 2
ENGINEER SERVICE CONTRACTS
Feb 27
6
Engineer Services; Acquisition of Work; Agency
Chap. 7
Mar 06
7**
3D Party Beneficiaries; Professional Liability; PLI
Construction Safety Concerns
Chap. 7
Chap. 17, sec. VI
Mar 13
8**
Resolution of Construction Disputes; ADR; Evidence;
Expert Witness; The Courts
Chap. 21
Mar 20
9**
Engineer Services; Engineer Service Contracts
Chap. 7
Take-home Examination #2
All Previous
PART 3
CONSTRUCTION CONTRACTS
Apr 03
10
Contract Changes
Chap 9
Apr 10
11
Differing Site Conditions
Chap 10
Apr 17
12
Schedules/Delays/Acceleration
Chap 11
Apr 24
13
Inspection, Acceptance, Warranties, Commissioning
Chap. 12
May 01
14
Payment Bonds; Lien Laws
Performance Bonds and Termination
Chap. 14
Chap. 15
May 08
15
Proving Costs and Damages
Chap. 16
Take-home Examination #3
All Previous
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