Construction Law

Construction law is about more than just building codes and disputes with contractors. It's a vast area of law that can involve matters related to contract interpretation, consumer expectations, and even how to select the best contractor for the best price for your client's business. Whether you represent a design professional, architect, development group, or engineer, as a construction lawyer you should be familiar with labor laws, administrative laws, and occupational health and safety regulations in your area. Click on the articles below to discover more about the bidding process, bonding, insurance, guarantees and sureties, as well as alternative dispute resolution options.
Construction Law Articles
    • Who Pays for Safety Shoes?
      OSHA standard 1910.136 for occupational foot protection requires as follows: "General requirements. The employer shall ensure that each affected employee uses protective footwear when working in areas where there is a danger of foot injuries due to ...

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    • Written Change Orders and Written Notices
      An Ounce of PreventionOwners and contractors alike should recognize that change clauses in construction contracts are a fertile area for disputes; nevertheless, proper contract administration and timely written documentation will avoid potential ...

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    • Understanding the Architect's Role in the School Construction Process
      The South Carolina Department of Education has projected that South Carolina school districts will need more than $4 Billion over the next five years to improve and expand their facilities. To help lessen this need, our State General Assembly passed ...

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    • Waiver Of Bid Irregularities Is Allowed In Some Parishes, But Not In Others
      There is a conflict among the Circuit Courts of Appeal in Louisiana concerning waiver of bidding irregularities. There are five appellate courts having jurisdiction in various parts of Louisiana. Contractors need to be aware which circuits allow ...

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    • Using Project Documentation: A Simple Format For A Construction Claim
      The prior newsletter discussed the documentation that should be maintained for a construction project. This article will discuss how that documentation should be incorporated into a construction claim. First, it is necessary to discuss what must be ...

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    • When the Going Gets Tough: Analyzing Concurrent Delays
      Proving or disproving a construction delay claim is a substantial undertaking in the best of circumstances. But the analysis of construction delays takes a major leap in difficulty when there are multiple sources or causes of delay with ...

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    • Toxic Mold: Lawsuits Mushroom
      When the word "mold" is mentioned, one does not conjure up images of anything threatening. Sure, if left in the pantry long enough, that loaf of bread will start turning green with mold; or, if you ignore scrubbing your shower stall long enough ...

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    • Understanding Project Delivery Methods
      Owners and other participants in the construction process have diverse needs in the real estate project construction process. To accommodate these differing needs, various options for building a structure have evolved. These various options are ...

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    • Use of Unlicenced Contractors
      Hawaii Revised Statutes ยง444-9 prohibits any person, corporation or entity from offering or performing construction work without a contractor's license issued by the Contractor's License Board. You can contact the Department of Commerce and Consumer ...

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    • Public Agency Liability for Failing to Obtain Payment Bond
      Because a lien cannot be filed against public property, subcontractors and suppliers furnishing goods and services on public projects are forced to rely on the contractor's payment in the event the contractor fails to pay for the goods and services ...

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