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.

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Construction Law Articles

Contract Interpretation: What is “Exposed”?

The contractor was performing a fixed price building contract which required the performance of certain alterations to an existing facility, including several painting tasks. The scope of two elements of the contractor's painting work were disputed ...
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Contractor: Is time on your side?

As a contractor, you know that time is generally not on your side---time is money. You plan projects and allocate overhead based on projected schedules. If the schedule busts, then so does your bottom line. It is amazing, though, how many ...
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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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Creation of a Contract by Solicitation of a Bid

Bid day for a general contractor ("Contractor" or "GC") is full of excitement, tension, and stress, motivated by the hope that the bid submitted to the owner is the lowest so that it obtains the award. Often, subcontractors/suppliers ...
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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 ...
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Design/Build in Pennsylvania: Are You Ready?

Design/build appears to be the wave of the future. Professional prognosticators are predicting that within five to ten years more than one-half of all construction nationwide will be design/build. In Pennsylvania, the issue is especially ripe for ...
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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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Extra Work in Construction Contracts

We often find a provision similar to the following in the contract documents. "No alterations shall be made in the work, nor shall any charge be made by contractor for extra work, without the prior written approval of such by owner. If contractor ...
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Federal Court Offers Broad Interpretation of New Jersey Affidavit of Merit Statute

The New Jersey Affidavit of Merit Statute, N.J.S.A. 2A.:53A-29, was made law on June 29, 1995. The statute was part of a package of tort reform bills intended to "bring common sense and equity to the state's litigation system" and provides a measure ...
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Florida Professional Malpractice Law: Liability of Design Professionals

A design professional, such as an architect or engineer, becomes obligated to render professional services only by his or her promise. The promise is normally defined and the terms and conditions provided in a written agreement between the design ...
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