Clarity, Complexity, and Construction Law Basics
- Construction is a testament to progress, but it can also be a complex legal labyrinth for contractors, developers, and homeowners alike. The intricate framework of laws intended to safeguard fairness and accountability throughout the construction process can also mire hopeful builders in red tape and confusion. What’s more, rules keep evolving, demanding attention from anyone navigating the industry.
Part of the issue is that construction law involves so many disparate areas of legal expertise: Contract, commercial, employment, planning, and even tort laws are all relevant. For this post, Regard Law Group is going to cover two different yet equally important aspects of the process: The basics of construction law as it stands and recent developments with potentially far-reaching consequences.
Building Blocks of Construction Law
- Contracts: The bedrock of any construction project, contracts detail project scope, timelines, payments, and dispute resolution mechanisms. Understanding contractual clauses and ensuring alignment with industry standards is vital to avoid costly claims and delays.
- Permits and Licenses: Each construction phase requires specific permits and licenses to ensure safety and adherence to building codes. Traversing this regulatory minefield is essential to avoiding legal roadblocks or potential fines.
- Negligence and Liability: Accidents happen, but legal issues arise when negligence in design, construction, or safety protocols leads to injuries or property damage. Determining liability or seeking compensation requires an understanding of relevant laws and regulations.
- Payment Disputes: From change orders to delays, payment disagreements are common challenges on construction sites. Knowing your rights and options for resolving payment disputes through negotiation, arbitration, or even litigation is crucial.
- A Statistic to Consider: According to the American Bar Association, construction disputes account for nearly 10% of all civil litigation cases, highlighting the importance of proactive legal guidance throughout the project lifecycle.
New Developments
- The Joint Employer Rule: This National Labor Relations Board (NLRB) rule, currently under review, could significantly impact employee classification and potential joint employer liability in unionized workplaces. Construction companies with potential subcontractor relationships need to monitor the evolving landscape and adjust their practices accordingly.
- Material Shortages and Supply Chain Disruptions: Global disruptions have led to material shortages and price fluctuations, causing project delays and cost overruns. Understanding how force majeure clauses and other contractual provisions apply in such situations is vital to mitigating risk and negotiating fair outcomes.
With a deep knowledge of the law, top negotiating skills, and decades of trial experience, our Lexington-based legal team at Regard Law Group, PLLC, is here to help. If you need assistance with an issue concerning construction law or any other legal matter, contact our office to schedule an initial consultation or get more information about our services. We’re available by phone 24/7.