ABSTRACT

Chapter 3 continues to examine the relationship between construction industry cases and fundamental doctrines and principles of contract law. Among other things, it addresses the role industry cases have played in adapting, refining, or constraining the law concerning implied warranties, third-party dispute resolution methods, contract damages, unilateral changes in contract terms, third-party beneficiary rights, contextual interpretation, and subcontract relationships. The contract concepts involved here reflect the impact of the construction industry cases in important ways, but to a lesser extent than do those Chapter 2 identifies.