Reminder for all that the deadline for the 2018 Writing Competition Construction Law Section of the MSBA is coming up! Why is it a big deal? Because there will be PRIZES AWARDED! Let’s do a quick recap if you aren’t familiar with this competition.
The Construction Law Section of the Minnesota State Bar Association invites all 2L’s and 3L’s to showcase their writing skills and compete for two prizes, awarded to the best submissions on this year’s topic.
First Place: $1,000
Second Place: $500
The goal is to encourage students to explore the practice of construction law by looking at similarities with, and differences from, other practice areas.
Submit a paper of 1,000 words or less on the topic described below. Submissions are due by September 30, 2018.
Winners will be announced on October 29, 2018, and will receive their prizes at the Construction Law Section meeting on November 9, 2018, at 12:00 p.m., at the MSBA offices in downtown Minneapolis. (Alternative arrangements can be made if a winner is unable to attend the meeting.)
Good luck!
WRITING TOPIC:
One commentator has stated “Not until the 20th century – indeed, not until after the mid-20th century, did a few legal academicians take note of ‘construction law’ as a field distinct from contract law.” That commentator also describes construction law as a mixture of principles from many areas, including contract law, statutory law, torts, equity, and suretyship.
Construction contracts are, of course, contracts. A construction contract memorializes and governs a transaction just like any other contract. In drafting and reviewing construction contracts, however, practitioners must be keenly aware of how construction contracts differ from other types of contracts. Some clauses are unique to construction contracts, while some common contract clauses are applied and enforced differently in the construction context. A small sample of clauses of particular interest to construction lawyers includes:
- clauses dealing with “substantial” completion and other performance milestones;
- clauses providing “allowances” to cover undefined details;
- clauses related to the rights and responsibilities of subcontractors and suppliers;
- clauses allocating risk in general (and risk for bodily injuries and property damage);
- liquidated damages clauses and early completion incentives; and,
- clauses dealing with differences between the construction plans and actual field conditions.
Identify some (but no fewer than two) construction contract terms or provisions. For each term or provision you identify, explain:
- how the term or provision tends to be unique to a construction contract;
- how the term or provision applies to a construction project;
- why the term or provision is important to a construction contract; and,
- how the term affects each party to the contract (owner, contractor, subcontractor)
Support your thesis with reference to specific contract clauses, cases, statutes, and authoritative construction law treatise(s). Suggested resources to get you started include: Minnesota Statutes Chapters 327A, 337, and 515B; Minnesota Statutes §§ 15.411, 16C.285, and 471.345; Bruner and O’Connor on Construction Law; ConsensusDocs.org; and, AIA.org.
Send submissions to:
Sarah Roeder
DeWitt Mackall Crounse & Moore S.C.