Construction Law
Construction law encompasses the legal regulations and principles that govern the construction industry. It covers a wide range of issues such as contracts, disputes, safety regulations, and environmental concerns related to construction projects. This area of law is crucial for ensuring compliance with building codes, protecting the rights of parties involved in construction projects, and resolving disputes that may arise during the construction process.
4 Key excerpts on "Construction Law"
eBook - ePubConstruction Law
An Introduction for Engineers, Architects, and Contractors
- Gail Kelley(Author)
- 2012(Publication Date)
- RSMeans(Publisher)
...CHAPTER 2 BASIC LEGAL PRINCIPLES 2.1 LEGAL ISSUES IN CONSTRUCTION Although construction is not as regulated as many other industries, law is still an integral part of the construction process. Most of the legal issues that arise in the construction industry involve contract law. Contract law governs the enforcement of voluntary agreements between parties and the resolution of disputes that arise under such agreements. Contract disputes on construction projects may also include issues related to agency law, as the owner is often represented by an agent such as an architect or engineer (A/E). Likewise, the contractor’s project superintendent is an agent for the contractor. Often the issue that arises is whether the agent had authority for its actions. Contract disputes may also include issues related to insurance law, such as whether a specific loss is covered under the terms of an insurance policy. Tort claims are not as common as contract claims but may arise between parties that do not have a contract. For example, the contractor may want to bring a negligence claim against the A/E because the A/E improperly rejected work. Tort claims may also be brought by third parties that are not involved in the construction project, such as adjacent landowners that have suffered property damage. Certain aspects of property law, such as easements and zoning regulations, can have a significant impact on a construction project. Such issues are typically governed by city or county ordinances. Property law also encompasses issues related to the transfer of title to land and buildings. When a project runs into financial problems, the relative priority of those who have claims on the title to the property may determine who gets paid. 2.2 PRINCIPLES OF CONTRACT LAW In legal terms, a contract is a promise that the law will enforce...
- Carl J. Circo(Author)
- 2019(Publication Date)
- Routledge(Publisher)
...Part 1 Contract law and the construction industry DOI: 10.1201/9780429326912-01 1 The practice and study of Construction Law DOI: 10.4324/9780429326912-1 Construction Law evokes contrasting connotations. Practitioners know Construction Law as a legal specialty for those representing project owners and investors, design professionals, and the construction industry trades. In that sense, Construction Law stands as an established and recognized field, encompassing the broad legal knowledge and skills required to advise industry clients. The bar embraces Construction Law as a practical amalgamation drawn from a legal spectrum that includes tort, contract, insurance and risk management, intellectual property, labor law, administrative law, surety law, complex litigation and alternative dispute resolution, secured financing, statutory liens, design professional rights and obligations, and related topics. Legal theory, policy, and organizing principles hold, at best, a secondary place in applied Construction Law. For academics in the United States, however, Construction Law’s very legitimacy as the subject of scholarly inquiry remains tentative. Many law professors, if they have any developed conception of Construction Law at all, think of it only as a practice specialty involving a disparate array of legal principles, statutes, and regulations affecting design and construction activities. Only a few U.S. legal academics research and write in the area. A small minority of law schools regularly offer a course in Construction Law, and most of them hire practicing lawyers to teach the subject on a part-time basis. Is there, in fact, a coherent body of Construction Law meriting scholarly inquiry? What might justify conferring such status on legal aspects of the construction industry? Beginning in the second half of the twentieth century, Justin Sweet, now Professor of Law Emeritus at the University of California, Berkley, pioneered the scholarly study of U.S. Construction Law...
eBook - ePub- Cyril Chern(Author)
- 2019(Publication Date)
- Informa Law from Routledge(Publisher)
...CHAPTER 1 Introduction to construction disputes Applicable principles of law Construction by its very nature is a complex undertaking involving numerous trades and disciplines all working under what is usually a “tight budget” and with time constraints for completion – all of which lead to the possibility of conflict and disputes arising as to time, quality, delay, and a myriad other complications. The law relating to these “construction disputes” or, as more commonly known in England and Wales, “Construction Law”, arises from the fact that this particular field of endeavour tends to generate a large volume of disputes arising from the actual Works themselves, the performance of the professionals prior to the Works (e.g. architects, engineers, surveyors and then the contractor) and its interactions with both these professionals and the employer. The underlying basis for this is that all construction works are created by contract, some verbal, some written and some implied. In turn these contracts are grounded in the law of the country in which the contract is executed (or the country agreed upon by the parties) and which ultimately governs its execution. For example, the FIDIC 1 contracts state specifically that: “The Contract shall be governed by the law of the country (or other jurisdiction) stated in the Appendix to Tender”. The major legal systems worldwide that govern contracts are the common law, civil law and additionally that of Sharia law. Common law Common law refers to law derived from the courts and is to be differentiated from statutory law or regulatory law. In most common law countries there are “statutes” which are enacted by the legislature and/or “regulations” which are enacted by the executive branch through various departments or agencies, which are invested with power from a legislature. The common law, however, comes from actual court decisions over hundreds of years or from quasi-judicial tribunals...
- Ann Bridger, Colin Bridger(Authors)
- 2012(Publication Date)
- Routledge(Publisher)
...5 The legal framework DOI: 10.4324/9780080938905-5 This chapter is concerned firstly with the general legal background and with some long-established constraints on development, and then with the regulations which govern planning and building control, and finally with the Construction (Design and Management) Regulations. English law involves long-established common law, legal judgements which set a precedent and Acts of Parliament, sometimes followed by Statutory Instruments and Orders produced by government departments. The system has evolved over time and the legal framework is periodically extended as ideas about activities which require regulation change and the powers of the EU increase. The categories of law which most affect development are civil law and administrative law. Civil law includes contract law, which is considered here because the building process involves a series of contracts between people, and tort, the legal word which implies the right to sue for damages in the event of negligence. Disputes may be taken to court. Courts are arranged in a hierarchy and lower courts are bound by precedents set by higher ones. The amount of money at dispute will establish which court applies, with County Courts limited to £3000 unless both parties agree in advance to a higher sum...
