Construction law is a branch oflaw that deals with matters relating to buildingconstruction,engineering, and related fields. It is in essence an amalgam ofcontract law,commercial law,planning law,employment law andtort. Construction law covers a wide range of legal issues including contract, negligence,bonds and bonding, guarantees andsureties,liens and other security interests, tendering, construction claims, and related consultancy contracts. Construction law affects many participants in the construction industry, includingfinancial institutions,surveyors,quantity surveyors,architects,carpenters,engineers,construction workers, andplanners.
 | This sectionneeds additional citations forverification. Please helpimprove this article byadding citations to reliable sources in this section. Unsourced material may be challenged and removed.(February 2021) (Learn how and when to remove this message) |
Construction law builds upon general legal principles and methodologies and incorporates the 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.[1]
Construction law has evolved into a practice discipline in its own right, distinct from its traditional locations as a subpractice ofproject finance,real estate or corporate law. There are often strong links between construction law andenergy law andoil and gas law.
Some of the major areas a construction lawyer covers are:
Although no special contract formalities are required, it is normal practice to use standard-form contracts such as, in the UK, theJoint Contracts Tribunal (JCT) form.[2] In order to expedite dispute resolution, standard forms have often provided for arbitration by a "board of arbitration" or professional arbitrator,[3] although many now offer a choice between arbitration and litigation. Construction law has been affected by the requirements in public contracts, which include surety bonds and other procedures. In private contracts, the requirements are negotiated between the parties. As of 1998, the principles of construction law were "well established".[4] Remedies forbreach of contract are the same as in the ordinary law, and includedamages,repudiation,rescission, andspecific performance.[5]
The standard form construction contracts used in Australia include theAustralian Building Industry Contracts (ABIC), theStandards Australia contracts, the Australian Defence Contracting Suite of Tendering and Contracting (AUSDEFCON) and the GC21 government contracts form.
In Canada, the law requires money for work done to be paid intrust.[6]
The standard form construction contracts in use in South Africa includeFIDIC, theNew Engineering Contract (NEC), theGeneral Conditions of Contract for Construction Works (GCC) andJoint Building Contracts Committee (JBCC) agreements.[7]
The JCT works on the most popular type of standard construction contracts and the latest suite of contracts from the JCT are the 2024 editions.[8] The form of contract most favoured by public bodies is the NEC contract suite.[9]
In the UK, specific requirements relating to payments and adjudication provisions were introduced by theHousing Grants, Construction and Regeneration Act 1996,[10] and were subsequently amended in Part 8 of theLocal Democracy, Economic Development and Construction Act 2009.[11] These requirements are generally known as the Construction Act requirements. The requirements set out certain minimum provisions which must be included in any construction contract (as defined within the Act) and failure to comply with these requirements will cause the relevant provisions to be deleted and compliant provisions to be inserted in their place, which can lead to unexpected consequences for unsuspecting parties to a construction contract.
Although some see construction law as another form of general contract law, it is a very specialised area and most people requiring advice on construction law in the UK would seek advice from construction law specialists.
Standard form contracts promulgated by theAmerican Institute of Architects have been the standard in the industry (insofar as building construction); the organization first published a form in 1888, and has over 200 forms, with revisions to selected forms happening typically every ten years.[12] However, these forms have been criticized as unfair to contractors in favor of owners and architects, which led to the publication ofConsensusDocs standard contracts in September 2007. The ConsensusDocs Coalition includes 41 trade associations representing design professionals, owners, contractors, subcontractors and sureties in the design and construction industry. ConsensusDocs publishes more than 100 contract documents, addressing all methods of project delivery, and are written in the project's best interest versus one particular party.[13] Engineering lead projects such as horizontal infrastructure use other standard form contracts[14] such as those developed by theEngineers Joint Contract Documents Committee (EJCDC). Recently several other organizations have developed contracts for use such as theCMAA (for projects using agencyconstruction management)[15] and theDesign-Build Institute of America for projects usingDesign–build.[16]
When a plan has been adopted for a building, and in the progress of the work a change is made from the original plan, the change is called a "deviation".[17] When the contract is to build a house according to the original plan, and a deviation takes place, the contract shall be traced as far as possible, and the additions, if any have been made, shall be paid for according to the usual rate of charging.[18]
The Forum on Construction Law of theAmerican Bar Association established in 1973 is the largest organization of construction lawyers in the United States.[19] The group includes law firms of every size, solo practitioners, in-house and government counsel, non-lawyers such as, construction professionals and the public sector representatives. Forum members include those of owners, developers, design professionals, contractors, subcontractors, suppliers, construction managers, lenders, insurers and sureties.
In the United Kingdom, there has been an active Society of Construction Law since 1983, and there is now a European Society of Construction Law, and Societies of Construction Law in Australia, Hong Kong, Singapore, and the UAE.
Media related toConstruction law at Wikimedia Commons| International | |
|---|---|
| National | |
| Other | |
