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For the past 25 years, Joe Goldbloom and I have conducted a running debate over whether specifications writers engage in the unlawful practice of law. Joe's position is that lawyers have no business writing specifications, that being the designer's province. Having been given the honor to write this foreword, I have the opportunity for the last word, at least for now. Joe Goldbloom and I first met in 1964, while serving together on the ASCE Committee on Contract Administration. Joe became my teacher, mentor, and friend. Underlying our good natured debate was the serious issue of the technical qualifications required of a specifications writer. As a matter of fact, specifi cations writing traditionally has fallen in a crack between the two professions. Specifications writing typically is neither taught in engineering school nor in law school. Engineers are taught how to design; lawyers are taught how to draft contracts. Specifications writing requires mastery of the technical elements of design as well as the skills of contract drafting. Specifications writing is neither glamorous nor sexy; it is often viewed as a necessary evil of the designer's job.
Desk-top guide to your professional rights and obligationsAre you prepared for legal problems that could easily come up in your practice? Will you know when it's wise to call a lawyer and how to work with him or her for outcomes favorable to you?In a new edition that takes a keen look at how the law is adapting to fast-changing technology, Contracts and the Legal Environment for Engineers & Architects, Sixth Edition, by Joseph T. Bockrath, gives you a sound foundation in basic legal principles, emphasizing yourown area of contracts and specifications. This savvy advisor uses illustrations drawn from recent litigation to help you understand:*Types of contracts*Performance or breach of contract obligations*Termination of contracts*Contracts for construction and engineering services...advertising for bids...proposals*Contract clauses relating to finances, including damage claims, extras, partial and withheld payments*Professional liability of architects and engineers*Much, much more
Engineering Contracts is intended for those who wish to acquire skills in drafting, negotiating and working with commercial and engineering contracts. It aims to bring a different approach to the subject; combining the traditional legal perspective of the law of contract with the needs of the commercial manager or engineer who is seeking solutions to technical and commercial problems.The context within which these matters are examined is as wide as possible; for the purposes of illustration cases are drawn from the fields of mechanical, electrical, chemical, electronic and civil engineering, as well as from construction and building contracts. In many cases the important points are common to all disciplines, for instance the importance of ensuring that what has been specified is what is delivered by a supplier, and that any such delivery or indeed any event critical to the timely conclusion of a project takes place when arranged.There is advice on how to the concepts broached relate to real-life requirements and the reader will benefit from the helpful 'Legal Questions Answered' section that is included in most chapters. In addition there is a summary guide to drafting an engineering contract, a section on the relevant statutes and other legislation in force, and a list of the engineering institutions and their standard forms of contract. Case-studies of genuine and practical origin from the author's wide-ranging experience in industrial practice complete this comprehensive treatment of the subject matter.
When I first read Abrahamson's "Engineering Law and the ICEContracts" I noted, in passing, the points he made concerning draftingand the books which he recommended on legal drafting, but I mustadmit that I didn't read those books until I came to write this book. Ifound that the books were difficult to obtain and no engineers of myacquaintance appeared to have read them.