Specific practice areas in construction law
– Construction law incorporates regulatory frameworks such as security of payment, planning, environmental and building regulations.
– It covers contract methodologies and selection, including traditional and alternative forms of contracting.
– Construction lawyers handle subcontract issues, causes of action, and liability arising from contract, negligence, and other grounds.
– They also deal with insurance and performance security in construction projects.
– Dispute resolution and avoidance are essential aspects of construction law.
Construction contracts
– Standard-form contracts, such as the Joint Contracts Tribunal (JCT) form, are commonly used in the UK.
– These contracts often provide for arbitration or litigation to expedite dispute resolution.
– Public contracts have specific requirements, including surety bonds and other procedures.
– Private contracts negotiate requirements between parties.
– Remedies for breach of contract in construction law include damages, repudiation, rescission, and specific performance.
Country-specific contract practice
– Australia utilizes standard form contracts such as the Australian Building Industry Contracts (ABIC) and the Standards Australia contracts.
– Canada requires money for work done to be paid in trust.
– South Africa uses standard form contracts like FIDIC, NEC, GCC, and JBCC agreements.
– The United Kingdom relies on the JCT for standard construction contracts, while public bodies favor the NEC contract suite.
– The UK has specific requirements for payments and adjudication provisions under the Construction Act.
Construction law organizations
– The Forum on Construction Law of the American Bar Association is the largest organization of construction lawyers in the United States.
– The organization includes law firms, solo practitioners, construction professionals, and public sector representatives.
– In the United Kingdom, the Society of Construction Law has been active since 1983.
– There are also construction law societies in Australia, Hong Kong, Singapore, and the UAE.
– The European Society of Construction Law is another prominent organization.
Additional concepts in construction law
– Mechanics lien is a legal claim against a property for unpaid construction work or supplies.
– Construction management involves overseeing and coordinating construction projects.
– Planning permission refers to the approval required for construction or development projects.
– Sources of construction law include government legislation and regulations, industry-specific organizations and committees, legal publications and reports, professional associations and societies, and academic research and studies.
– The importance of construction law lies in ensuring legal compliance and adherence to standards, protecting the rights and interests of all parties involved, resolving disputes and conflicts in construction projects, providing a framework for fair and equitable contractual relationships, and promoting transparency and accountability in the construction industry. Source: https://en.wikipedia.org/wiki/Construction_law
Construction law is a branch of law that deals with matters relating to building construction, engineering, and related fields. It is in essence an amalgam of contract law, commercial law, planning law, employment law and tort. Construction law covers a wide range of legal issues including contract, negligence, bonds and bonding, guarantees and sureties, liens and other security interests, tendering, construction claims, and related consultancy contracts. Construction law affects many participants in the construction industry, including financial institutions, surveyors, quantity surveyors, architects, carpenters, engineers, construction workers, and planners.
