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Why ENCE 664

Examines ways in which the legal system affects the design and construction process, focusing on contract types and the relationships between the parties in different delivery systems. Topics include contract law, the relationships between parties, tort and negligence law, and statutory principles affecting construction.

ProfessorMark GroffMark GroffProfessorThomas BarhamThomas BarhamProfessorThomas J Powell, PCThomas J Powell, PCTALingyao Li, MSLingyao Li, MSStats Credits 3 Offered* Fall Online, Spring Online


Legal principles involved in the design & construction process

Legal principles involved in the design and construction process related to capital projects.

Principal contract relationships

Owner - Contractor; Contractor - Subcontractor; Owner - Architect / Engineer

Performance Issues

Differing conditions, changes, design liability, project delays and acceleration

Student Feedback



Offered: Fall Online, Spring Online*
Week 1Introduction
  • General principles of tort and contract law
Week 2Tort system and negligence
  • Contract formation
Week 3Basic contract principles
  • Interpretation
  • Breach and damages
  • Contract types
Week 4Changes
  • Constructive changes
  • Bidding
Week 5Inspection & rejection, differing site conditions
  • Defective work
  • Warranties
  • Pre-bid investigations
Week 6Delay, disruption, & acceleration
  • Schedule analysis
Week 7Mid-Term Exam
Week 8Termination
  • Claims avoidance
Week 9Bankruptcy of contractors & subcontractors
  • Insurance
  • Bonds
  • Indemnification
Week 10Architect / Engineer contracts
  • Design/build contracting issues
Week 11Litigation & arbitration
  • Alternative dispute procedures
Week 12Damages
  • Pricing of claims
Week 13Review of semester
Week 14Final Exam

*All course content, including schedule, topics, and books are subject to change semester-to-semester. Course costs are dependent on students' individual situations, including but not limited to, online vs on-campus enrollment, in-state vs out-of-state enrollment, and scholarships. Not all books on this page may be required readings and additional readings may be assigned. Please check the UMD Schedule of Classes for most up to date semester offerings. Instructors give students specific semester details once they are enrolled.