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
    • Architect's Responsibility and Liabilities: The New B141
      In this issue we continue our review of the 1997 changes to B141 beginning with a discussion of the changes to Architect's scope of services as they relate to the construction and post-construction phases of a project. We then turn to the new ...

      Read More »

    • Another Blow to Conditional Payment Clauses
      Another court has struck subcontract clauses that attempt to condition the subcontractor's right to payment upon the general contractor's receipt of payment from the owner. The high court of New York refused to enforce so-called "pay-if-paid ...

      Read More »

    • Alternative Construction Approaches
      In many instances in the retail and restaurant industry, the question is not whether to build or not to build, but what method of contracting will achieve the best contractor for the best price. As the construction industry has matured, so have the ...

      Read More »

    • Can You Recover for Construction Delays?
      It is common to experience delays during construction projects. When may contractors be entitled to compensation when such delays occur? Generally, four tests must be satisfied before recovery for delay costs will be allowed- a contractor must prove ...

      Read More »

    • 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 ...

      Read More »

    • Position of wired glass in the 2004 IBC Supplement
      Wired glass still remains the top-performing fire-rated glazing material in the United States. Unfortunately, it has fallen victim to a weakness that exists in our code development process. For at least the last 10 years, competitors have sought to ...

      Read More »

    • Prevailing Wage Escape Clauses in California Construction Contracts
      The California Labor Code requires you and your subcontractors to pay prevailing wages on California Public Works projects. The Labor Code also made you, as a prime contractor, responsible for paying the penalties if your subcontractor violated the ...

      Read More »

    • Overview of Terminations for Convenience under Assistance Sub-Agreements
      Many citations have been removed as all policy documents are undergoing editorial (as opposed to substantive) revision. Researchers should consult with the applicable grants policy documents for the Agency or Department concerned. The policies of ...

      Read More »

    • Preventing Legal Problems for Home Owners
      The cornerstone of my practice is quality relationships with my clients. My practice includes not only solving my clients' legal problems but educating my clients as to the importance of taking steps to avoid legal problems before they begin. Home ...

      Read More »

    • Important Changes to the 1997 AIA Standard Contract Documents
      Over the past century, the construction contract documents published by the American Institute of Architects have become an industry standard. First published in 1888, these agreements are now used throughout the nation on projects of every size and ...

      Read More »