Construction Law 101 for Businesses

When a building goes up it is no simple endeavor despite how basic the construction itself might be.  Each project can be impacted by local, state and federal laws that can guide every aspect of the structure’s location due to building zones down to the type of fasteners used to hold up the drywall.

The construction itself can be complicated by the contracts with the subcontractors that are involved in every aspect of putting up the structure from drywall to plumbing. These contracts guide when and how the contractions get paid along with the requirements for completing the job.  A construction law attorney can help to avoid disputes or get them resolved along they way avoiding unnecessary delays in the construction.

Construction Law: Practice Areas

Contract Disputes

The majority of disputes involve contract claims. Like any other contract, construction contracts help to spell out expectations and avoid surprises by everyone involved with a building project whether it is residential or commercial.

Construction Contract Elements

Work to be done

Timeframe of competition

Names of subcontractors and material suppliers

Compensation for completed work

Dispute resolution options/requirements (arbitration, mediation litigation)

Construction Defect

Construction defect refers to any type of property damage in your home that falls into four basic categories

Design defects

Defective architectural design

Material defects

Inferior construction materials

Construction defects

Lack of planning, supervision, or inspection that leads to poor workmanship or failure to meet building codes and/or industry standards

Subsurface defects

A compromised foundation due to unresolved soil issues or adequate drainage

Workplace Safety

The Occupational Safety and Health Administration mandates and tracks the required safety standards on commercial construction sites. Contractors must implement those regulations that impact key aspects of the building process from scaffolding to hazardous chemicals. They must also be able to respond quickly to violations or injuries.

Environmental Law

Environmental laws can be tricky during the design and building process. From researching what animals and plants can be impacted by a new project to the impact of increased water needs on a community, specialized legal advice is needed to avoid expensive issues.

How Do You Know When You Need an Attorney?

The best way to avoid litigation is to be preventative and have an attorney draft, review and/or revise solid contracts before the construction even begins. The contracts should clearly spell out what work is to be done, what the finished product will look like, the price to be paid for that work, and how to resolve any disputes if they arise.

A construction law attorney can also make sure that the plans comply with federal, state and local building laws, rules and requirements. Having adequate plans prior to breaking ground on the project can avoid expensive delays, changes and litigation.  Environmental concerns are often overlooked. Fully exploring those concerns and constraints on the frontend of a project can save valuable time, resources and money.

Facing legal Action

Construction companies and/or project owners need legal representation in pursuing or defending property damage or injury claims.