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

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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The Finishing

Owners and builders anticipate the completion of a project from the day construction begins. The process of finishing is normally a happy occasion. But when problems have developed during the project and questions regarding performance or completion ...
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The Height of Arrogance

For a hundred years now, since the enactment of Labor Law provisions relating to worker safety at jobsites, New York has been amongst the safest of States for those whose career path, or life circumstance, leads them into the construction trades. As ...
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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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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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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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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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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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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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