Construction Contracting: Business and Legal Principles, Second Edition – Second Edition

Stewart Bartholomew, California State University, Chico


Copyright Year: 2002


Publisher: Virginia Tech Libraries


Language: English


Table of Contents

1. Interface of the Law with the Construction Industry

2. Contract Formation, Privity of Contract, and Other Contract Relationships

3. The Prime Contract—An Overview

4. Prime Contract—Format and Major Components

5. Owner–Construction Contractor Prime Contract “Red Flag” Clauses

6. Labor Agreements

7. Purchase Order and Subcontract Agreements

8. Insurance Contracts

9. Surety Bonds

10. Joint–Venture Agreements

11. Bid and Proposals

12. Mistakes in Bids

13. Breach of Contract

14. Contract Changes

15. Differing Site Conditions

16. Delays, Suspensions, and Terminations

17. Liquidated Damages, Force Majeure, and Time Extensions

18. Allocating Responsibility for Delays

19. Constructive Acceleration

20. Common Rules of Contract Interpretation

21. Documentation and Records

22. Construction Contract Claims

23. Dispute Resolution

Ancillary Material

About the Book

This introduction to construction contracting as it applies to typical, every-day situations explains “theoretical” ideas in terms of what really happens in practice. It emphasizes the more common case law holdings and industry customs that help avoid troublesome legal issues during the completion of a project.

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Any derivatives of this work must comply with the use and attribution requirements of the Creative Commons license, and include the following statement, “This material was previously published by Pearson Education, Inc.”

Construction Contracting, 2nd edition is an “out of print,” rights-reverted book for which the author’s estate has given permission for digitization and release under a CC BY NC SA 4.0 license. It was previously published in 2002 by Pearson ISBN 1-13-091055-4. The copyright page has been edited and graphics redrawn. A new cover, dedication, acknowledgements, how to adopt this book, and author biography have been added, and the table of contents has been revised. As the book has been reformatted, the original back of the book index is not included.

About the Contributors



Stuart “Bart” Bartholomew (1925-2013) joined the Navy as an engineer after enrolling at NROTC programs at the University of Washington. He earned bachelors and master’s degrees in civil engineering from UC Berkeley and made his post-Navy civilian career in heavy industry. He worked for legendary dam builder, Harvey Slocum on Bull Shoals Dam in Arkansas; Bhakra Dam in Punjab, India; Karnaphuli Dam in Bangladesh; port and rail facilities in Port Hedland, Western Australia; several segments of the Bay Area Rapid Transit system in San Francisco and the East Bay; and numerous marine, bridge, transportation and tunneling projects in the Midwest and on the East Coast.

He joined Fruin-Colnon Corporation, becoming a vice president and member of the board of directors before his retirement in the early 1980s. He was a Fellow and Life Member of the American Society of Civil Engineers and a member of both the Moles and Beavers heavy engineering construction associations for over 25 years and was honored by the Beavers with the annual Engineering Award for outstanding achievement in Heavy Engineering Construction. After retirement from industry he pursued a second career as a professor of Construction Management at California State University, Chico, during which time he wrote Construction Contracting.