Legal Elements of Engineering | Madison College Outline of Instruction

10607177 Legal Elements of Engineering

Course Information

Description

Emphasizes contract relationships. The first half of the semester is spent studying the elements of a valid contract along with a study of the court system. The remainder of the semester concentrates on specifications, contracting procedure and the relationship between the three main parties involved in a construction contract: owner, engineer and contractor. Other topics include professional liability, professional ethics, product liability, discharge and remedies for non-completion.

Total Credits

Course Competencies (Course Outcomes)

Examine professional ethics

Assessment Strategies

by scoring 70% or better on quizzes

by scoring 70% or better on exams

by completing a homework assignment on professional ethics

Criteria

you distinguish between the codes of ethics for NSPE, ASCE, and WSLS

you properly apply the professional codes of ethics to resolve ethical conflicts

you distingguish between workplace ethics, personal ethics and professional ethics
Examine the development of laws

Assessment Strategies

by scoring 70% or better on quizzes

by scoring 70% or better on exams

by completing a homework assignment

Criteria

you summarize Constitutional law

you summarize statutory law

you summarize administrative law

you summarize common law

you explain the hierarchy of conflict resolution between the sources of law

you identify six federal, state and local administrative agencies

you identify the typical powers that administrative agencies have

you summarize the burden of proof required in a civil case and a criminal case

you summarize the permissible remedies for criminal cases and civil cases
Examine the anatomy of a trial

Assessment Strategies

by scoring 70% or better on quizzes

by scoring 70% or better on exams

by completing a homework assignment

Criteria

you summarize the role of the US District Court

you explain the role of the courts in the American legal system

you summarize the role of the US Court of Appeals

you summarize the role of the US Supreme Court

you summarize the role of the State Circuit Court

you summarize the role of the State Court of Appeals

you summarize the role of the State Supreme Court

you summarize the role of the local courts

you identify the three judicial requirements that must be met before a lawsuit can be brought before a court

you define jurisdiction

you distinguish between exclusive and concurrent jurisdiction

you identify the parts of a legal citation

you summarize the major phases of a legal trial

you identify typical pre-trial motions

you identify typical post-trial motions
Examine torts

Assessment Strategies

by scoring 70% or better on quizzes

by scoring 70% or better on exams

by completing a homework assignment

Criteria

you define tort

you identify the three bases of tort liability

you summarize six torts against a person

you differentiate between real and personal property

you summarize four torts against property

you identify the four components of negligence

you summarize the "reasonable person" and "reasonable professional" standard
Examine the formation of contracts

Assessment Strategies

by scoring 70% or better on quizzes

by scoring 70% or better on exams

by completing a homework assignment

Criteria

you summarize the legal requirements of an offer

you examine the legal requirements of an acceptance

you summarize the requirement of legal age for making a contract

you analyze the requirement of legal capacity for making a contract

you define consideration

you identify the type of legal consideration

you summarize the Statute of Frauds

you summarize the writing requirements under the Statute of Frauds

you identify those contracts subject to the Statute of Frauds in Wisconsin
Examine the discharge of contracts

Assessment Strategies

by scoring 70% or better on quizzes

by scoring 70% or better on exams

by completing a homework assignment

Criteria

you distinguish complete performance from substantial performance

you distinguish substantial performance from material breach of contract

you summarize the legal remedies for breach of contract

you summarize the equitable remedies for breach of contract
Examine civil construction plans

Assessment Strategies

by scoring 70% or better on quizzes

by scoring 70% or better on exams

by completing a homework assignment

Criteria

you explain the role plans play in the construction process

you identify typical components of heavy/highway construction plans

you identify typical problems with heavy/highway construction plans

you identify mechanisms for limiting the number of errors in construction plans

you summarize the purpose of as-built drawings
Examine civil construction specifications

Assessment Strategies

by scoring 70% or better on quizzes

by scoring 70% or better on exams

by completing a homework assignment

Criteria

you explain the role of specifications in the construction process

you distinguish between design specifications, method specifications and purchase description specifications

you identify the advantages and disadvantages of the three types of specifications

you explain the impact of inconsistencies between the plans and specifications
Examine the competitive bidding contracting procedure

Assessment Strategies

by scoring 70% or better on quizzes

by scoring 70% or better on exams

by completing a homework assignment

Criteria

you identify the legal requirements for the competitive bidding process

you identify the typical documents used in the bidding process

you explain the purpose of the invitation (or advertisement) to bid

you explain the purpose of the instructions to bidders

you explain the purpose of the bid form

you summarize the requirements of the Davis-Bacon Act

you distinguish between the general conditions and special conditions (special provisions) of the construction contract

you explain the purpose of the bid bond

you explain the purpose of the payment bond

you explain the purpose of the performance bond

you identify three reasons why contractors fail

you explain the process which a surety uses to make good on a performance bond

you identify appropriate actions to take when mistakes are detected in a bid form

you summarize unbalanced bidding
Examine typical construction contract problems

Assessment Strategies

by scoring 70% or better on quizzes

by scoring 70% or better on exams

by completing a homework assignment

Criteria

you identify typical causes of subsurface condition problems

you explain how traditional construction contracts treat subsurface condition problems

you explain how the courts have typically dealt with subsurface condition problems

you identify options the project owner has in allocating the risk of differing subsurface conditions

you define commencement

you explain the purpose of a notice to proceed (NTP)

you summarize the concept of acceleration

you distinguish between specific, constructive and voluntary acceleration

you differentiate between actual damages and liquidated damages

you identify typical circumstances in which time extensions are granted

you explain the concept of the Doctrine of Conditions

you explain the purpose of progress payments

you summarize the progress payment process

you define retainage

you distinguish between substantial completion and actual completion

you summarize the purpose of a mechanic's lien

you identify factors used to determine what constitutes a construction defect

you distinguish between implied and express warranties

you identify the economic costs and benefits of safety programs

you summarize the responsibilities of the design professional with respect to site safety

you summarize the responsibilities of the contractor with respect to site safety

you identify three categories of uninsured costs arising from construction site accidents
Examine methods of dispute resolution

Assessment Strategies

by scoring 70% or better on quizzes

by scoring 70% or better on exams

by completing a homework assignment

Criteria

you identify the advantages and disadvantages of alternative dispute resolution

you summarize the mediation process

you summarize arbitration process

you distinguish between binding and non-binding arbitration

you distinguish between mediation and arbitration
Examine types of land use controls

Assessment Strategies

by scoring 70% or better on quizzes

by scoring 70% or better on exams

by completing a homework assignment

Criteria

you explain why land use controls are necessary

you distinguish between types of nuisances

you differentiate between private and public land use controls

you summarize the function of a restrictive covenant

you identify the types of limits placed on property through zoning regulations

you differentiate between Euclidean zoning and cumulative zoning

you differentiate between permitted uses and conditional uses

you summarize variance

you differentiate between area variances and use variances

you summarize the process for rezoning

you explain the concept of extraterritorial jurisdiction
Examine easements

Assessment Strategies

by scoring 70% or better on quizzes

by scoring 70% or better on exams

by completing a homework assignment

Criteria

you define easement

you distinguish between easements and leases

you distinguish between easements appurtenant and easements in gross

you distinguish between benefited property and burdened property

you identify seven ways that easements may be created

you identify three ways that easements may be terminated

you summarize the limits of what can and cannot be done on an easement area
Examine eminent domain (condemnation)

Assessment Strategies

by scoring 70% or better on quizzes

by scoring 70% or better on exams

by completing a homework assignment

Criteria

you define condemnation

you summarize the purpose of condemnation

you distinguish between the condemner and condemnee

you identify four entities that can utilize condemnation to acquire property

you explain the Wisconsin Unit Rule

you identify advantages and disadvantages of the condemnation process
Examine environmental law

Assessment Strategies

by scoring 70% or better on quizzes

by scoring 70% or better on exams

by completing a homework assignment

Criteria

you identify the seven sources of environmental laws

you explain the importance of state environmental laws

you identify the six targets of most environmental laws

you distinguish between environmental laws and environmental regulations

you explain the mechanisms through which environmental regulations achieve their objectives

you summarize five different Federal environmental laws