Considerations for Construction Law
Part of real estate law is a knowledge of construction laws. Construction law deals primarily with contract law relating to building construction, engineering and related fields. Construction law covers all aspects of the legal process, from the initial bidding on the project to the negotiation and the formation of the agreements and contracts.
Construction law also governs disputes between the parties involved in the construction process (i.e. builder and homeowner). There are many laws that govern the construction process and that apply to the various businesses and professions that are a part of and serve the construction industry.
In construction law, both the owner and the contractor are required by law to act in good faith in the performance of their contractual obligations. Courts have held that the construction contractor owes the owner a duty to perform services in an appropriate workman-like manner. This duty requires the contractor to warn the owner if the design or construction specifications may have damaging results. Likewise, courts have held that an owner has a duty to cooperate with contractors. The owner’s duty to cooperate also requires that the owner not interfere with or purposefully delay the contractor’s performance.
Although specialized, construction law can touch on many legal practice areas. If you have issues with your contractor, you might want to speak with an attorney who has expertise in this complex field.