Construction law is the combination of all the areas of law that is related to construction work. The process of building is very complex. The builders have to follow a lot of rules and regulations. There are many things that they have to understand before they ever pour the first bit of cement or clear the first tree. In the construction industry people have to work with private entities and government representatives in order to conduct business. They must also have effective technique for dispute resolution.
Top 10 Construction law Schools in the World
|S.No.||Construction Law School||Location|
|1||University of Melbourne Law School||Melbourne, Australia|
|2||Leicester De Montfort University Law School||Leicester, United Kingdom|
|3||Bristol Law School - UWE Bristol||Bristol UK|
|4||Strathclyde Law School||University in Glasgow, Scotland|
|5||Robert Gordon University (RGU)||Aberdeen, Scotland|
|6||University of Salford||Manchester, England|
|7||Lewis & Clark Law School||Portland United States|
|8||Brooklyn Law School||New York, United States|
|9||Columbia Law School||New York, NY 10027, United States|
|10||University of Washington School of Law||Washington, United States|
Why is construction law important?
Construction law is also defined as any legal issue related to the construction of a building or other structure. Legal issues that are related to construction activities can arise under federal, state, or local laws.
Following are the main areas related to the construction law:
1. Contract law in construction
A contract is a legal agreement between two or more persons or parties where each assumes a legal obligation that must be completed. In our daily life, contracts play a vital role, for example in buying property, applying for a car loan, signing employment-related paperwork, and agreeing to terms and conditions when buying products and services or using computer software. Professionals in the construction industry often enter into contracts. These contracts protect them from legal disputes. Legal disputes occur when parties who misunderstand the terms of their agreement may sue each other and have a court settle the argument. Additionally, it can also occur when a company signs a contract and later goes out of business or is unable to fulfill its promises, the other party may have to follow legal action in civil or bankruptcy court to obtain relief.
A contract is perfect when:
- Buyer and Seller have intention of doing business i.e. buying and selling
- Purchase price is determined
- Contract is not subject to a suspensive condition.
2. Planning Approvals and Licensing in construction
Government approval is very essential for those who work in the construction industry. Developmental approval is in the form of building permit (or construction permit) are needed for the construction or expansion (including significant renovation), and sometimes for demolition. The extent of governmental involvement or the intricacies of the approvals needed vary by project type and scope. It is the job of a lawyer involved with construction law to assist the client in obtaining the necessary consent. Construction participants are often required to possess some specific license in order to legally perform construction work. These requirements can be strict. If the proper licenses are not obtained to perform the work being furnished can result in significant penalties. Contracting without a license can be a crime
3. Employment Law
Employment is a major part of construction law. Business owners depend on the workers. These workers do the bulk of the construction work. Hiring, firing, management, discrimination, and hostile work environments all must be dealt with. Owners must have understanding how to hire people legally and how to follow state and federal laws when it comes to paying employees fairly, withholding taxes and other considerations. Lawyers also help them complying with this complex area of law.
4. Tort law
Tort laws are the laws that offer remedies to individuals harmed by the unreasonable actions of others. Tort claims usually involve state law and they are based on the legal premise that individuals are liable for the consequences of their conduct if it results in injury to others. When people get hurt on the job, construction owners need to know how to deal with it. They may have to defend themselves from lawsuits, and they may have to resolve torts outside of court. Tort lawyers can also help minimize the damage to allow their clients to get back to work.
Role of construction lawyer
Construction lawyer help different organizations at all levels of the contracting chain – including principals (property owners or developers), head contractors and construction managers, project managers, subcontractors and trade contractors, consultants and suppliers.
Construction lawyers have specialist knowledge about construction contracts. They are able to advise in relation to issues that can arise out of construction contracts – for example, in relation to defects, delays, variations and payment issues. Construction lawyers focus on getting results for their clients. Construction lawyers also tend to focus on the task at hand with their primary goal being a satisfied client. They are litigators. Construction lawyers are diversely skilled who focus on helping their clients to solve problems and conduct business
Importance of construction law resources
Construction law can be an unquestionably complex area of the law that is also important to understand when caught up in a construction dispute or situation involving construction defects.
A variety of parties including project owners, general contractors, subcontractors, equipment suppliers, design professionals, project managers, construction lenders and others may all find themselves facing a construction dispute and it is important that they should have a working understanding and knowledge of construction law when facing a construction dispute.
They should also know how to deal or protect themselves if wrongdoing has been alleged, such as defective construction or breach of contract, but also what to do if they are experiencing construction defects or a party has breached a contract, they are a party to. Construction laws are available to help parties resolve their concerns, for example a wide variety of issues and concerns can come up related to construction projects. Problems that may arise include construction defects, design defects, structural defects, breach of contract, construction delay claims, withheld payments, claims for additional work, regulatory issues, termination disputes and many other issues as well. Construction law resources provide options to help parties resolve problems that arise and also help them to create a successful project for everyone involved.