Portland Community College | Portland, Oregon

To identify probable issues in business or project management in seeking legal advice; understand the value of documentation in resolving construction disputes; practice using contracts for assigning roles and responsibilities; achieve learning objectives required by the Oregon Construction Contractors Board for Contract Law and Oregon Construction Lien Law.
 

1. Work individually to create a reference manual of legal principles with applications in achieving intended learning outcomes.
2. Work individually to (a) produce a report that identifies a business or project management decision from the student's work environment that applies a legal principle; or (b) summarize an article from internet research, a trade journal or periodical that discusses an application of a legal principle.
3. Complete individually an in-class assessment that applies principles presented to a hypothetical fact pattern of a construction company.
4. Work in collaboration with another team member to: (a) identify issues raised in hypothetical fact pattern and reach consensus on a negotiating position; (b) apply principles and use documentation in negotiating and resolving the dispute against another team; and (c) recommend contract revisions to avoid a similar dispute and improve future contract relationships.

Themes, Concepts and Issues:

• Overview and nature of law; differences in civil and criminal law; working with an attorney.
• Contract formation with elements of a construction contract; explain why it is important to have a clear, concise contract; understand bid protests.
• Subcontracts and purchase orders.
• Implied obligations of construction contracts; implied warranty of workmanship; latent defects.
• Performance of contract; contractor's duties and obligations; owner's obligations to perform.
• Changes and the benefits of written change orders; scheduling and delays; differing site (changed) or concealed conditions.
• Breach of contract; the difference between material and immaterial breach; remedies for breach of contract.
• Understand methods of alternative dispute resolution, including the claims resolution process provided by the Construction Contractors Board.
• Understand the Notice for Right of Rescission.
• The notice requirements, practices, and relationship of Oregon Construction Lien Law to construction contracts.

Process Skills:

• Develop individual skills in verbal and written communication, critical thinking, and learn how to analyze facts for assessing a negotiating position.
• Practice skills in teamwork by consensus building, verbal communication, problem solving, and negotiations.