Construction law covers a wide range of legal issues including contracts, negligence, bonds and bonds, guarantees and bonds, liens and other security interests, tenders, construction claims and related consulting contracts. Arbitration and mediation are forms of alternative dispute resolution, or ADR. The meaning is in the name: these are alternative methods for resolving disputes to practical legal channels, such as litigation. ADR may be favored by parties who wish to dispense with the costs or media exposure associated with lawsuits.
Construction lawyers are often asked to resolve disputes between parties to a contract (a developer and a contractor, for example), either as arbitrators or mediators. A lien is a legal right or a claim by a creditor against a property. Sometimes, banks place them against a property when the owner is in debt, to make sure they can collect what is owed to them. Construction attorneys can represent homeowners, developers, and contractors by filing and responding to disputes related to liens, or by settling them all together.
Construction law refers to the legal branch that deals with laws, regulations and requirements in the construction industry. It includes elements of contract law, property law, commercial law, labor law and many others. Construction law is essentially a library of rules that govern how a construction project must be completed and who is responsible if something goes wrong. Like the “industry” itself, construction law isn't really a specific and unique subset of legal practice in the same way, for example, the practice of personal injury law can be.
Construction law is a fusion of many different legal fields, including contract law, finance, real estate, bankruptcy, management, employment, the environment, insurance, and regulation, just to name a few. Before construction can take place on a given property, there may be property law issues to be resolved. It may be necessary to purchase or manage a property in a different way before starting a construction project. Disputes related to previous owners, deed, zoning, or other issues may need to be resolved before continuing construction.
Construction companies also have obligations to employees that companies in other industries may not be familiar with. Certain construction projects require “current” wage determinations to ensure that workers are properly paid. Determining if a project requires this calculation, doing the calculation itself, applying it, and verifying the “certified payroll” of other contracting companies are aspects of labor law in construction that a construction law lawyer should be able to help with. As mentioned above, the disparate areas of practice that make up global construction law can often flow between phases of a project.
An example is that policies and procedures that comply with labor law generally need to be implemented before (and regardless of) any particular project. Other aspects of labor law in construction, such as prevailing wage issues or workplace labor issues, arise after a project has started. Construction contracts under New York law are generally distinguished by methods for determining the final contract price. To encourage parties to meet the goal of quality construction at the lowest possible price in order to obtain a fair profit, several different types of contracts have been developed.
Construction attorneys who understand the many complexities of federal, state and local contracting law have the potential to save clients money that could otherwise be used to pay expensive fines. We live in a contentious society, and construction sites are known for causing accidents and injuries to people and property. Construction law is a set of rules and regulations that govern the planning, design and final construction of man-made structures. In private construction projects, mechanics' tax laws grant construction companies an improved ownership interest to virtually guarantee payment.
A stock schedule is an essential tool used in construction project accounting that represents a list of jobs from start to finish. In addition, filing a withholding claim is a complex process that construction companies may not feel comfortable carrying out unless they are represented by an attorney. All of these types of lawsuits, in which a party suffers damage to their personal, property or financial interests, may be governed by civil liability laws. These types of cases require design and construction lawyers who not only know the latest trends in the fields of design and construction law, but also understand the construction materials and methods involved.
Another form of contract is the cost-plus cost contract, in which the contractor is paid the actual cost of construction plus a specific surcharge to cover overheads and profits. For aspiring construction lawyers, it may be helpful to explore certain areas of construction law while they are still in law school. Large construction companies usually have in-house lawyers whose only job is to represent their interests. These attorneys spend their careers studying and practicing in the incredibly complex field of construction law.
Preparing and negotiating contract terms is an important aspect of any construction lawyer's job. . .