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.

Law Library

Construction Law Articles

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 »
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 »
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 ...
Read More »
Roofer Obtains 4.529 Million Dollar Verdict Against Contract Manager

On February 1, 2000 a Baltimore City jury awarded A-1 Roofing, Inc., a Baltimore County roofing contractor, and its president, Gordon Jenkins, $4,529,000.00 against a contract monitoring company and one of its inspectors. The verdict included 1.6 ...
Read More »
Signing A Contract Is Still Your Choice

Too often I am called upon to review Subcontracts and General Contracts which contain patently unfair provisions, yet have been agreed to and signed by both parties to the Contract. The majority of these cases are the result of problems that arise ...
Read More »
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 ...
Read More »
Texas Public Works Projects

The legal framework for public construction works in Texas is different than that for private work. Liens are not allowed on public lands, so a different scheme involving claims against bonds has developed. Whether a contractor working on a public ...
Read More »
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 ...
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 »
The Applicability of the Spearin Doctrine: Do Owners Warrant Plans and Specifications?

The federal courts have created a doctrine whereby an owner impliedly warrants the information, plans and specifications which an owner provides to a general contractor. This doctrine, entitled the Spearin doctrine, arises from the case of United ...
Read More »