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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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 ...
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The Disappointed Bidder on Public Work: the Measure of Damages Available under Massachusetts Law as of 1997
IntroductionThose who bid on public work and who feel that an awarding authority has tread - and not lightly - on their rights as bidders typically attempt to protect those rights, in the first instance, by filing a bid protest or by seeking a ...
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Construction Case Law Update
A. Impartiality of Arbitrators 1. , 960 S.W.2d 629 (Tex. 1997). In this case, the Texas Supreme Court held that a neutral arbitrator's failure to disclose his acceptance of a substantial referral to his law firm from the law firm of a non-neutral ...
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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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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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Design Professionals Subject to Federal Civil Rights Prosecution?
Could a design professional be subject to civil rights prosecution under the Americans with Disabilities Act ("ADA") if his or her design is involved in a charge of discrimination by a disabled person? This question is important because the fines ...
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Surety's Reliance on Pay-When-Paid Clause Rejected
Pay-when-paid clauses are commonly included in subcontracts by many general contractors. The stated effect of these clauses is to permit the general contractor to withhold payment from its subcontractor for work performed until such time as the ...
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Loyalty To The Issuer In Bond Issues
Most problems coming out of a bond issue arise from a lack of loyalty to you, the local government issuer. Our friend Webster defines loyalty as "faithfulness to a person to whom fidelity is due." As the issuer, you have three goals in a bond issue ...
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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 ...
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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 ...