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
Law Library
Construction Law Articles
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To B141 or Not to B141? That is the Question and B151 May be the Answer
During the latter part of 1997, the American Institute of Architects released its 1997 edition of the Standard Form of Agreement Between Owner and Architect. Since that time, various concerns have been raised by architects and engineers about the ...
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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 ...
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The 1997 American Institute of Architects Documents and Their Impact on the Economics and Procedures of Your Design Practice
Approximately two years ago, in October of 1997, the American Institute of Architects (AIA) completed another major decennial review of its set of standard documents and made revisions to ten of its standard documents. We have discussed these ...
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Contractor's Responsibility for Substitution of Specified Materials
A contractor for a portion of the subway system in Washington, D.C. was found liable for a specified materials substitution. The specification required either natural rubber or lode bearing fiberglass isolation pads to support the reinforced ...
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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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Construction Law Advisor
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 ...
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Change Orders
Since change orders are more the rule than the exception and increasingly amount to a substantial portion in relationship to the overall contract, it is very important that you be paid for them after the work is performed. One of the worse things ...
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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 ...
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Use of Unlicenced Contractors
Hawaii Revised Statutes §444-9 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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New S.C. Contractor's Licensing Act Affects Contractors, Construction Managers
During this past legislative term, the South Carolina General Assembly amended the Contractor's Licensing Act. The Act went into effect in April 1999. The Act is important because it changes a number of licensing categories based on project value ...