Understanding Construction Law
Construction law falls under the purview of any issue that relates to the construction of some kind of structure. This type of construction can result in a number of different problems that fall short of the standard set by local, state and federal statutes. Every building for which a permit is granted must adhere to safety standards, environmental regulations and city and county ordinances that govern the type of building that can be constructed in a given zone.
Types of Construction Law Disputes That May Arise
Issues and disputes may arise during the construction of a building or after the building has been erected. An employee of a commercial building can trigger these disputes, or private citizens who notice that something is wrong with the basic integrity of an apartment complex in which they reside, can also file a complaint. City and state inspectors also frequently discover construction law issues.
Some of the most common types of construction law disputes include:
- Workplace Injuries – this can arise from a flaw in the original construction of the building, or as the result of a renovation that creates a hazardous situation leading to the injury of an employee of a commercial building.
- Structural Defect – defects that affect the structural integrity of a building that can lead to a hazardous situation. They are often caused by flaws in the construction of a building, and result in malfunctions. Common defects include faulty electrical wiring that can cause a fire, improperly installed doors and windows that can lead to burglaries or radical shifts in temperature, and improper sealing that allows water to seep into a building.
- Material Deficiencies – often caused by the use of substandard building materials such as improperly-sized window frames, broken roof shingles and rotting drywall.
- Design Deficiencies – flaws that are caused by engineers, surveyors, and architects that fail to adhere to the required building codes.
- Below Surface Deficiencies – usually caused by foundations built on unstable soil that can cause a building to shift or gradually sink, and also increases flooding risks.
- Contract Issues – in some instances, disputes may arise when two or more parties cannot agree about the details of a building contract, or one party believes that another party did not fulfill a building contract as specified.
What A Construction Lawyer Can Do For You
If you find yourself in some kind of legal dispute involving the construction of a building, a construction litigator can help you resolve the problem. But because there are so many different possible scenarios in construction law, it may be helpful for you to understand some of the services we can offer you:
- Bid Protests – after you lose a bid, you may need a construction lawyer to ensure that the bidder who won the contract met all the requirements. A lawyer can review all the documents to protect your rights, but you must file your protest within a specified time period, so it’s important to contact a construction lawyer immediately after you receive the bid results.
- Construction Defect Litigation – whether you are a home builder, contractor, subcontractor or property owner, a contract lawyer can represent you in a defect claim. For contractors, construction lawyers can mount a defense against a defect lawsuit, and for homeowners, construction lawyers can pursue claims of defective construction.
- Construction Contract Preparation/Review – construction contracts are often complex and if details are omitted, it can lead to future problems. A construction lawyer – well-versed in all aspects of contract law – can help you identify any potential issues in a construction contract and ensure that your rights are protected. This can apply equally to contractors as well as homeowners, and involves significant matters such as how you will resolve disputes (mediation, arbitration), and how changes to the contract are handled after the document is signed.
- Schedule Delays – one of the most common services a construction lawyer provides is to defend against or prove construction schedule delay claims. Delays are an inevitable aspect of construction, but in some instances, they can lead to legal action, when one party believes that delays have cost money and productivity. A construction lawyer’s job is to determine factors such as whether delays are legitimate, and whether the claim is compensable or non-compensable, meaning whether or not funds are recoverable.
Contact Our Baton Rouge Construction Law Attorneys
Construction law is often complex, and without the services of a Baton Rouge construction law firm, you may not be able to obtain justice and the rightful compensation you deserve. At Joubert Law Firm, we have spent years gaining expertise in these types of claims, and we have all the resources necessary to aggressively protect your rights. Please call the construction law attorneys of Joubert Law Firm today at 225-761-3822