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WWRC 85-17(l)
Outline of Preventive Law for Water Developers and Owners - Representing the Owner During the Pre-construction Phase


  1. Introduction.

    1. The Phases of the Construction Process.

      1. Pre-Construction - Selection of Architect through Bidding or Negotiation of Contract.

      2. Construction - Award of Contract through Acceptance of the Project.

      3. Post-Completion - Guarantee Period through Expiration of Rights.

    2. Significance of the Pro-Construction Phase.

      1. Opportunity to Anticipate and Allocate Risks.
        1. Engineer Contract.
        2. Construction Contract.

      2. Opportunity to Eliminate Predictable Sources of Disagreement and to Preserve Rights.
        1. Engineer Contract.
        2. Construction Contract.

      3. Opportunity to Reduce the Human Error Cause of Owner Construction Problems.
        1. Develop Good Communications and a Working Relationship with those who will Administer the Contract.
        2. Stress Importance of Content, Review of Specifications and Drawings.
        3. Discourage Guard-House Lawyers.

    3. Context of the Problem for Owner's Counsel.

      1. Construction - a Wide-Spread Source of Concern.

      2. Water Developers as Part of the Trend.

  2. Role of Counsel During Pro-Construction.

    1. Select, Draft, Adopt, or View Contracts Used to Hire the Design Professional, Contractor, Construction Manager, and Inspector and to Bond the Job.

    2. Pro-Release Review of Complete Construction Contract.

    3. Participation and Resolution of Bid Irregularities and Protests.

    4. Preventive Advice to Owner's Representatives.

  3. Contract Form Selection, Drafting, Adaptation and Review.

    1. Preparation.

    2. Checklist for the Owner-Design Professional Contract.

    3. Checklist for the Owner-Contractor Contract.

  4. Pro-Release Review of Complete Construction Contract.

    1. Boilerplate.

    2. Specifications.

    3. Drawings

  5. Participation and Resolution of Construction Bid Irregularities and Protests.

    1. Private Construction - Negotiated Bid.

    2. Public Construction - Competitively Bid.

  6. Preventive Advice to Owner's Representatives.

    1. Technical Content.

    2. Contractual Requirements.

    3. Documentation.

    4. General Approach to Problems.

    5. Seek Legal Help Early.

  7. Conclusion.

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