Construction Law is generally a subset of contract law, and encompasses all aspects of the legal process, from the bidding on a project to the negotiation and the formation of the various types of agreements. Construction law also governs disputes between the parties involved in the construction process, usually between the builder and the buyer/owner. Workers’ compensation law is also a subset of construction law when injuries are involved.
Probably the most common construction law disputes involve disagreements between an owner and a general contractor or subcontractor. The very term “construction law” indicates the complicated relationships of the various specific types of law involved. If you are facing some type of construction dispute, you can find everything you need through the virtual services of the Law Office of Kim M. Dubois PLLC.
Obligations of the Parties in Construction Law
In construction law, the owner and the contractor are both required by law to act in good faith, or honest dealing, regarding the performance of their respective contractual obligations.
Construction contractors owe an owner a duty to perform their services in a “workmanlike” manner; in other words, in an efficient, competent manner. This duty requires the contractor to warn the owner if any specifications may have damaging results, and to notify the owner if the agreed-upon price or schedule changes, and why.
Making unanticipated changes to a construction agreement is typically done through documents known as “change orders,” which should give the owner the option to accept or not. Of course, in reality, owners may not have much of a realistic choice, since refusing leaves the work unfinished or sub-par in quality.
In contrast, owners have a duty to cooperate with contractors, to the extent that they do not interfere with or purposefully delay the contractor’s performance. They are also generally responsible for:
- Financing for the project.
- Providing site surveys, inspections, and interacting with various governmental bodies.
- Dealing with easements.
- Providing and warranting plans and specifications.
- Dealing with clarifications and changes.
Common Construction Law Disputes
Disputes involving construction law are as varied as the types of law involved. Most commonly, they include:
- Scheduling issues, including delays,
- Unsatisfactory work environments,
- Unexpected jobsite complications, including change orders, and
- Payment issues.
Let the Law Office of Kim M. Dubois PLLC Today Help You With Your Dispute
Construction law disputes are almost infinitely varied, and actually include many different types of law. If you are involved in a dispute regarding some type of construction, your first step should be to utilize the virtual services offered by the Law Office of Kim M. Dubois PLLC, which are affordable, easy to understand, and comprehensive.
As a virtual firm, the Law Office of Kim M. Dubois PLLC offers flexible hours and free consultations. We always return phone calls and email messages on the same day. Our virtual services provide convenient and affordable options for everything you need right from your computer.
Contact us to learn more and schedule your free consultation.