Course Syllabus
Contact Information
Course Details (Syllabus)
Description
The purpose of this course is to examine the legal ramifications of decisions made during the management of the design and construction process. Students will examine legal risks and consequences of common issues in construction bidding, preparing and performing construction and design contracts, changes, delays, and other issues beginning in the feasibility and financing phase through the completion of a project and subsequent operation of the same. An emphasis will be placed on how to prevent disputes through proper planning and application of legal principles, as well as how to resolve disputes through informal and formal processes.
Goals and Outcomes
The goals of this course are to provide students with an understanding of common legal issues in the design and construction process and to equip students with the knowledge of how to minimize, avoid, and resolve these issues. Through the course of this class, you will learn to: a) describe what contracts are and how they are used in the design and construction industry, b) analyze common legal issues arising during each phase of a construction project, c) articulate how to avoid and/or resolve construction disputes, and d) analyze case studies of construction claims and disputes.
Course Materials
- Text: Navigating Legal Issues in Construction & Design (Laws, 2022)
- Case Studies: Are You Listening?: A Mediator's Observations of Construction & Design Disputes (Laws, 2022)
- AIA Document A201-2017, General Conditions of the Contract for Construction
- Sample Subcontract
- Select Oklahoma Statutes, case studies, and other documents (via Canvas or the internet)
Grades
Breakdown
| Activity | Points | Percentage |
|---|---|---|
| Case Studies | 100 | 50% |
| Midterm Exam | 100 | 25% |
| Final Exam | 100 | 25% |
| Total | 300 | 100% |
Scale
| Percentage | Letter Grade |
|---|---|
| 90–100% | A |
| 80–89% | B |
| 70–79% | C |
| 60–69% | D |
| Below 60% | F |
Course Components
Case Studies
Case studies are a fair representation of the types of construction and design disputes which happen on a routine basis. You will be required to provide an analysis of issues presented in five (5) case studies by submitting a two- to three-page summary. The summaries are worth 20 points each, for a total possible score of 100, and represent 50% of your final grade.
Class Discussions
Our time in class is valuable, and active participation is essential. Due to the nature of the online meetings, this active engagement and participation is especially important. Students are expected to:
- Arrive/join on time with required materials and adequately prepared
- Be prepared with the required devices and software to connect to the class meeting
- Be prepared to engage in class discussions and ask questions
- Respect the rights of others & refrain from anything that demeans, distracts, or disturbs others
Exams
There are two exams that will be administered online via Canvas. You will be provided 2 hours to take each exam on the assigned date. Each exam is worth 25% (for a total of 50%) and will consist of factual scenarios and questions that are designed to show that each student has reached the course goals and outcomes.
Course Policies
Cheating
All students are expected to conform to college-level standards of ethics, academic integrity, and academic honesty. By enrolling in this course, you agree to be bound by the Academic Misconduct Code published in The University of Oklahoma Student Code.
All members of the community recognize the necessity of being honest with themselves and with others. Cheating in class, plagiarizing, lying, and employing other modes of deceit diminish the integrity of the educational experience. None of these should be used as a strategy to obtain a false sense of success. The need for honest relations among all members of the community is essential.
Cheating is strictly prohibited at the University of Oklahoma because it devalues the degree you are working hard to obtain. As a member of the OU community, it is your responsibility to protect your educational investment by knowing and following the rules. For specific definitions on what constitutes cheating, review the Student’s Guide to Academic Integrity.
Communication
The primary form of communication and platform for dissemination of information for this course is Canvas (canvas.ou.edu) with the vast majority of communication occurring via email. You should check yours regularly (at least daily) or have it forwarded to an account you check. Canvas will be used for administering exams, posting grades, etc., and while emailing me through Canvas is possible, direct email is preferred. The instructor’s direct email address is: okconstructionlaw@outlook.com
Active Participation
Active participation during class is required. Working on other things during the class meeting is discouraged as it inhibits the ability to engage with the group. Anything that creates a distraction (other work, texting, emailing, improper use of the chat feature, visual and audio background distractions, etc.) is prohibited.
Late Policy
As a general rule, case summaries will NOT be accepted after the due date. However, upon the showing of exceptional circumstances, late submissions may be accepted (at the instructor's sole discretion) but will be reduced by 10 points, regardless of circumstance.
Absences
Students are responsible for the content of the courses in which they are enrolled. If you must miss a class meeting, advanced notice should be given to the instructor. Absences for specific reasons (defined by the University of Oklahoma policy) will be accommodated by the instructor.
Make-up Policy
Per University of Oklahoma policy, if a student misses an assignment for a legitimate, verifiable reason accommodation will be provided by the instructor to make up that assignment.
University Academic Policies and Student Support
Course Catalog
Search the OU Course Catalog.
Student Handbook
Please familiarize yourself with the OU Student Handbook.
Online Library
Access digital materials and other resources at OU Libraries.
Academic Misconduct
In addition to the course conduct policies outlined by your professor in the Course Syllabus in the online classroom, please review the Graduate Student Handbook.
It is the responsibility of each student to be familiar with the definitions, policies, and procedures concerning academic misconduct. The Student Code is available from the Office of the Vice President for Student Affairs, and is contained in the Student's Guide to Academic Integrity.
This site also defines misconduct, provides examples of prohibited conduct, and explains the sanctions available for those found guilty of misconduct.
Plagiarism
Plagiarism is the most common form of academic misconduct at OU. There is basically no college-level assignment that can be satisfactorily completed by copying. OU's basic assumption about writing is that all written assignments show the student's own understanding in the student's own words. That means all writing assignments, in class or out, are assumed to be composed entirely of words generated (not simply found) by the student, except where words written by someone else are specifically marked as such with proper citation. Including other people's words in your paper is helpful when you do it honestly and correctly. When you don't, it's plagiarism.
For more information about plagiarism, watch this video and then take this short course offered by University Libraries.
Diversity Statement
The University of Oklahoma is committed to achieving a diverse, equitable, and inclusive university community by embracing each person's unique contributions, background and perspective. The University of Oklahoma recognizes that fostering an inclusive environment for all, with particular attention to the needs of historically marginalized populations, is vital to the pursuit of excellence in all aspects of our institutional mission. This enhances the OU experience for all students, faculty and staff and for the communities we engage.
Land Acknowledgement
Long before the University of Oklahoma was established, the land on which the University now resides was the traditional home of the “Hasinais” Caddo Nation and “Kirikirʔi:s” Wichita & Affiliated Tribes.
We acknowledge this territory once also served as a hunting ground, trade exchange point, and migration route for the Apache, Comanche, Kiowa and Osage nations. Today, 39 tribal nations dwell in the state of Oklahoma as a result of settler and colonial policies that were designed to assimilate Native people.
The University of Oklahoma recognizes the historical connection our university has with its indigenous community. We acknowledge, honor and respect the diverse Indigenous peoples connected to this land. We fully recognize, support and advocate for the sovereign rights of all of Oklahoma’s 39 tribal nations. This acknowledgment is aligned with our university’s core value of creating a diverse and inclusive community. It is an institutional responsibility to recognize and acknowledge the people, culture and history that make up our entire OU Community.
Non-Discrimination Policy
The University does not discriminate or permit discrimination by any member of its community against any individual based on the individual’s race, color, religion, political beliefs, national origin, age (40 or older), sex, sexual orientation, genetic information, gender identity, gender expression, disability, or veteran status in matters of admissions, employment, financial aid, housing, services in educational programs or activities, or health care services that the University operates or provides. For more information, please contact the Institutional Equity Office.
Reasonable Accommodation for Disabilities
The University of Oklahoma is committed to providing reasonable accommodation for all students with disabilities. Students with disabilities who require accommodations in this course should contact their professor as early in the semester as possible.
Students with disabilities must be registered with the Accessibility and Disability Resource Center prior to receiving accommodations in this course.
If you have a disability and you would like to make a request for reasonable accommodation, please see the Graduate Student Handbook or get in touch with the Accessibility and Disability Resource Center.
Adjustments for Pregnancy/Childbirth Related Issues
Should you need modifications or adjustments to your course requirements because of documented pregnancy-related or childbirth-related issues, please contact me as soon as possible to discuss your options. Generally, modifications will be made where medically necessary and similar in scope to accommodations based on temporary disability. Learn more about the rights of pregnant and parenting students by consulting the FAQ sheets provided by the Institutional Equity Office.
Title IX Resources
For any concerns regarding gender-based discrimination, sexual harassment, sexual misconduct, stalking, or intimate partner violence, the University offers a variety of resources, including advocates on-call 24/7, counseling services, mutual no contact orders, scheduling adjustments and disciplinary sanctions against the perpetrator. Please contact the Title IX Office at 405-325-2215 (8–5, M–F) or OU Advocates at 405-615-0013 (24/7) to learn more or to report an incident. Also, please be advised that a professor/GA/TA is required to report instances of sexual harassment, sexual assault, or discrimination to the Sexual Misconduct Office.
Religious Holidays
It is the policy of the University to excuse absences of students that result from religious observances and to provide without penalty for the rescheduling of examinations and additional required classwork that may fall on religious holidays. It is the responsibility of the student to make alternate arrangements with the instructor at least one week prior to the actual date of the religious holiday.
Student Grievances
In addition to any policies outlined related to submitting an informal or formal grievance by your professor in the Course Syllabus in the online classroom, please review the Graduate Student Handbook for more information about the process of submitting a formal grievance.
Copyright Policy
It is illegal to download, upload, reproduce, or distribute any copyrighted material, in any form and in any fashion, without permission from the copyright holder or their authorized agent. The University of Oklahoma expects all members of its community to comply fully with federal copyright laws. If such laws appear to have been violated by any user, the university reserves the right (1) to terminate that user's access to some or all of the university's computer systems and information resources and (2) to take additional disciplinary actions as deemed necessary or appropriate. Repeat offenders will be sanctioned and their privileges terminated.
Registration and Withdrawal
If you choose to withdraw from this course, you must complete the appropriate University form and turn the form in before the deadline. If you stop attending the course and doing the coursework without doing the required paperwork, your grade will be calculated with missed homework and examination grades entered as zero. This could result in receiving a grade of F in the course. Deadlines are shown in the Academic Calendar, which is available from the Office of the Registrar.
Course Summary:
| Date | Details | Due |
|---|---|---|