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

Delay Claims in Construction Cases: Common Pitfalls

Some of the most common disputes in construction cases relate to delay. However, delay claims tend to be some of the least understood and frequently confusing claims in the construction field. A clear understanding of the basic elements necessary to ...
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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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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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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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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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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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Construction Claims Checklist

I INTRODUCTION The following checklist is applicable to all construction projects. The key management personnel should answer each applicable question after reviewing any pertinent company records. If the answer to any applicable question is in the ...
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Construction Contracts: Incorporation by Reference

Plaintiff was a second tier subcontractor providing insulation to defendant, the mechanical subcontractor ("JWP") on the construction of the Veterans' Affairs Hospital ("VA Hospital"). JWP, in turn, had a contract with the prime contractor to ...
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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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Contract Damages: Cost-Effective Services

Defects and deficiencies in plans, specifications and other contract documents are current common causes of construction delay. When the issue of delay and bidding documents problems are connected, it is common for the design professional to become ...
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