Construction Law is exactly what it says on the tin (or should we say building). It is the body of law that deals with matters relating to building construction and its related fields.
It covers a wide range of legal issues including construction claims, Contract Law, tendering, consultancy contracts, guarantees, and other security interests.
The highest level of Construction Law service therefore demands expertise from many fields and at many levels. It is not unusual for a Construction Law matter to be serviced by a specialist team of construction and engineering lawyers forming part of a dispute management team, along with the support of an experienced Commercial Property Lawyer, employment lawyer, corporate defence and prosecution lawyer, corporate finance lawyer, commercial lawyer and Intellectual Property lawyer.
Construction Law builds upon general legal principles and a regulatory framework (including security of payment, planning, environmental and building regulations), contract methodologies and selection (including traditional and alternative forms of contracting), subcontract issues, causes of action, and liability, arising in contract, negligence and on other grounds; insurance and performance security, dispute resolution and avoidance.
By the very nature and complexity of construction projects it means that invariably a great deal of Construction Law and lawyering tends to be focused around contentious Construction Law. Such areas include:
- Litigation
- Arbitration
- Mediation
- Other forms of Alternative Dispute Resolution
- Adjudication
- Expert determination
- Dispute prevention
- Cash-flow management
What next?
In the UK there has been an active Society of Construction Law since 1983. The Joint Contracts Tribunal works on the most popular type of standard construction contracts.
As always, if you have specific questions or require any aspect of Construction Law clarifying, we recommend you have a chat with a qualified solicitor.
Personal recommendations are often best, but there are many legal professionals who specialise and have vast experience in Construction Law. They’ll be able to listen to your plans and advise you on the best way forward. More importantly, they’ll inform you of the pitfalls to watch out for and avoid.
DISCLAIMER: This article should not be regarded as constituting legal advice in relation to particular circumstances. This article is merely a general comment on the relevant topic.