Legal studies.

Author(s)
-
Year
Abstract

This Highway Research Record consists of 9 papers which treat of different subject matters. They comprise and include papers relating to highway construction contracts and contractors' claims arising thereunder; quality control in highway contract administration; the enforcement of the anti-trust laws as bearing on construction contracts and highway construction; discussions of valuation problems in eminent domain; and an analysis of certain aspects of appraisal theory and practice. The papers were presented at sessions of the Workshop on Highway Law and have been selected for publication as being meritorious and useful treatments of the subjects. The first paper, by Paul J. Andrews, involves the use of the construction contract as a means of implementing objectives of national policy. He discusses the numerous requirements of construction contracts involving Federal funds which are imposed on the contractor (without arm's length bargaining) for the purpose of securing compliance with the economic, social or other policy objectives of the Federal Government. The second paper, by Dowell H. Anders, closely related in nature, deals with the anti-discrimination provisions of construction contracts involving Federal funds. The next two papers deal with contractors' claims. Murrey T. Berman's paperapproaches the subject matter from the standpoint of the contractor; that is, he discusses what the contractor considers to be hardships imposed on him by the provisions of the standard contract in respect to matters including representations as to subsurface conditions, burdens arising from lack of a clear job site, and lack of a changed conditions clause in numerous such contracts Dowell H Anders in discussing contractors' claims deals both with ways and meani to the avoidance thereof, and the proper method of presentation to the Federal Government where participation is sought in connection with a claim awarded at the state level. Duke W. Dunbar, Attorney General of Colorado, discusses the important matter of quality control in highway contract administration. Melvin G. Dakin, of the Louisiana State University Law School, writes on the enforcement of the anti-trust laws and discusses significant cases and the import thereof with respect to highway construction. The remaining papers deal with eminent domain and appraisal. Glenn H. Jacobson writes on the troublesome problem of valuation of leasehold estate in condemnation. Joseph Kuehnle deals with the developing and increasingly important subj ect of air rights and the valuation of air space. In the last paper, A. G. Borgman writes informatively on the rendering of appraisal testimony from the point of view of the professional appraiser on the witness stand. (Author/publisher) For abstracts of the papers presented see A 4020 - A 4028.

Request publication

1 + 0 =
Solve this simple math problem and enter the result. E.g. for 1+3, enter 4.

Publication

Library number
A 4019 S
Source

Washington, D.C., Highway Research Board HRB, 1969, 59 p., ref.; Highway Research Record No. 260

Our collection

This publication is one of our other publications, and part of our extensive collection of road safety literature, that also includes the SWOV publications.