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Concept
Construction law
Summary
Construction law is a branch of law that deals with matters relating to building construction, engineering, and related fields. It is in essence an amalgam of contract law, commercial law, planning law, employment law and tort. Construction law covers a wide range of legal issues including contract, negligence, bonds and bonding, guarantees and sureties, liens and other security interests, tendering, construction claims, and related consultancy contracts. Construction law affects many participants in the construction industry, including financial institutions, surveyors, quantity surveyors, architects, carpenters, engineers, construction workers, and planners.
Construction law builds upon general legal principles and methodologies and incorporates the regulatory framework (including security of payment, planning, environmental and building regulations); contract methodologies and selection (including traditional and alternative forms of contracting); subcontract issues; causes of action, and liability, arising in contract, negligence and on other grounds; insurance and performance security; dispute resolution and avoidance.
Construction law has evolved into a practice discipline in its own right, distinct from its traditional locations as a subpractice of project finance, real estate or corporate law. There are often strong links between construction law and energy law and oil and gas law.
Some of the major areas a construction lawyer covers are:
Alternative Dispute Resolution
Arbitration
Dispute review boards (or other third party reviews)
Mediation
Structured negotiations
Bankruptcy issues for contractors, owners, suppliers, etc.
Bidding (tendering) disputes
Building and other permits
Building information modeling
Contract law
Change Orders (Variations)
Construction claims
Construction liens
Wage requirements (Davis-Bacon Act of 1931, etc.
Official source
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