Construction Law
Construction law regulates all aspects of building implementation and engineering. This unique practice area includes elements of contract law, planning law, commercial law, and employment law. It affects both private and commercial projects. Common issues that arise include workplace safety issues, accidents and injuries on the job, contract disputes, structural defects, and problems with getting requisite permits and approvals.
Construction law is complex, and it is regulated at all levels of government (federal, state, and local). Each level contains governing laws, guiding principles, and proper procedures. In the United States, federal statutes, including employment laws and workplace safety regulations, set requirements for worksites and the hiring process. In addition to the federal regulations, states have the right to impose additional regulations, which can include workplace safety, employment law, and environmental standards. At the local level, city and county officials may create ordinances that set additional restrictions on zoning and noise.
To create some uniformity and consistency in the industry, the American Institute of Architects (AIA) creates standard form contracts. The AIA first published standard contracts in the late 1800s. Until recently, their contracts were the standard for contractors to follow. To keep the documents current, revisions take place approximately every 10 years. However, complaints have emerged that the AIA's contracts favor owners and architects over contractors. In response, the Consensus Docs Coalition, which includes over 40 trade associations including designers, property owners, contractors, and sureties in the industry, published a series of documents in 2007 that address all aspects of project delivery in a neutral fashion. The CSLB requires compliance with Business and Professions Code Section 7159 for all home improvement contracts or you are subject to discipline, and in some cases your contract can be deemed void or voidable.
Sometimes it is difficult to know when to take the next step and hire legal representation. When working with private property owners, contractors and companies generally seek help when financial problems arise. Contractors who are bidding on projects, particularly government projects, must be aware that laws surrounding government contracts are constantly changing. Therefore, contractors working on government projects may need to hire legal counsel sooner than they might expect. Property owners are wise to seek legal assistance before making a final payment if they encounter additional, unexpected payments and contractor requests outside of the original scope of work.