Reconstructing Construction Law: Reality and Reform in a Transactional System

Abstract

In this article, Professor Stipanowich extensively explores the entire transactional system surrounding contracts for design and construction of the built environment. He examines the legal landscape of construction, focusing on “cases of trouble,” and evaluates options for reforming the legal framework including codification, a Restatement and more narrowing tailored legislation. He also discusses the critical role played by families of contracts and mechanisms for the management of relational conflict.

Keywords: built environment, construction law, commercial code, construction code, Restatement, arbitration, mediation, partnering, contract, relational contracts