How does a construction lawyer confront common issues related to the incorporation of construction products into finished buildings and homes, including products “untested” for the conditions in which they are used?
How does a construction lawyer evaluate and resolve a disagreement about whether a defect arises from the construction product itself or from the construction means and methods used by the product’s installers, general contractor’s coordination of trades and/or designers who specified the use of that product?
This manuscript teaches how to distinguish between construction product contracts, governed by the Uniform Commercial Code, construction services contracts, governed by common law principles, and mixed goods and services contracts.
As the differences in the applicable law impact available remedies for your clients, this manuscript explores various categories of construction contract damages, when they are available, and how to prove them in your construction product liability case.
This manuscript is designed to:
- Assist practitioners in distinguishing between goods contracts and service contracts
- Identify the law applicable to goods contracts and service contracts
- Identify the law applicable to mixed goods and services contracts
- Distinguish UCC claims from products liability claims in the construction context
- Detail available remedies for various types of construction contracts
- Cover specific categories of damages and assist in proving them
- Address ethical considerations for handling client money, alternative fee structures, and recovery of outstanding legal fees
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