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Good and Workmanlike Manner in the Construction Industry: Duty, Fact, or Legal Fiction?, by Lorman

Understand issues and claims involving express and implied duties of good workmanship on a construction project.

Workmanship issues permeate a construction project, from contract negotiation to final completion. This material will take a deep dive into these workmanship issues and learn their impact on a project. After covering a general definition and overview of good workmanship, the topic will turn to the legal sources of workmanship duties. These include express duties set forth in the contract documents as well as implied duties as a matter of law. The material will also address sources of good workmanship requirements in statutes and regulations. Finally, we will examine the claims and dispute resolution process involving workmanship. You will understand the elements of causes of action for breaches of express and implied duties of good workmanship. You will also learn about the forum for prosecuting these claims, whether it is arbitration or a court of law.

Learning Objectives

  • You will be able to identify implied duties of good workmanship.
  • You will be able to discuss express workmanship provisions in agreements.
  • You will be able to explain claims and dispute resolution regarding workmanship.
  • You will be able to review statutes and regulations affecting workmanship.

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