Construction Law FAQs

Construction law can be used in litigation issues that may emerge with construction projects. This branch of law applies to the initial stages of a construction project, like the bidding and formation of agreements and contracts, as well as the building process and any finalizing work. All parties involved may be protected by this law and other areas falling under it.

Two subfields of construction law are government law and workers’ compensation law. Government law covers federal, state and local laws, and worker’s compensation law covers on-the-job injuries.

The project owner is the person or entity that wants to carry out the construction project. The project owner may hire a contractor and construction manager to oversee the design and overall construction work of the building/structure. Design professionals, such as architects and engineers, take care of site plans and other infrastructures. And construction laborers, helpers and craftworkers take care of some of the heavy-duty construction work.

A construction contract is a binding agreement between all parties involved in a construction project. It includes brief and precise details of the work that is to be performed, information on how those providing the services are going to get paid, and all laws, conditions and terms to be followed.

Defective construction work can be roof leaks, weak building foundations, faulty air conditioning units and a building having the wrong colored bricks.

A patent defect is a defect found before a building is completed and a latent defect is not apparent until many years later. Depending on the provisions found in the construction contract agreement, both of these have a way of getting fixed.

Mechanic’s lien provides a type of security that protects construction contractors, subcontractors and suppliers from not being paid on time and for the total amount of their work. There exist other types of payment securities, such as bond claims, that protect professionals in construction.

Any person that provides labor and materials for a construction project for a house, building, improvement, levee or embankment, or a railroad can receive lien, even if they are working under a contract owner or subcontractor.

There are three steps to processing a payment claim. The first is to identify whether the work is private, public or federal. Next, the claimant has to send out the proper notices and paperwork to the proper entities. And lastly, a suit must be filed within specific deadlines.