Executing a construction project in any location requires many legal considerations. Their operations must be compliant with local building codes and regulations to avoid delays, disputes, or litigation. Developers must also ensure their relationships with clients and subcontractors are governed by well-drafted contracts.
This can be costly and time-consuming for business developers, but working with an experienced construction attorney can provide protection for the stakeholders and the success of the project.
Major Compliance Issues in the Construction Industry
Various agencies at the local, state, and federal levels provide oversight of construction projects. Starting from the planning stage, there are permits and related agency approvals required before breaking ground.
Construction work is often highly scrutinized for safety and environmental impact. Major compliance issues that contractors face include the following:
Meeting Building Codes
Building codes are enforced by local authorities to establish minimum safety requirements for buildings and structures. These include foundations, electrical systems, plumbing, and fire protection measures. Failure to comply at any stage can result in work stoppages or fines.
Zoning Laws
Zoning laws govern how land can be used, dictating what type of buildings or structures can be built, their size and height, capacity, and how they should be used.
Environmental Regulations
Construction work can have a significant impact on the environment; therefore, contractors must comply with applicable laws to minimize environmental damages. Applicable policies include the following:
- Stormwater management
- Erosion and sedimentation control
- Noise ordinances
- Waste management
Failure to comply can result in fines or even project shutdowns.
Occupational Safety and Health Administration (OSHA) Regulations
OSHA regulations are designed to ensure safe working conditions for employees on construction sites. Contractors must adhere to these rules to prevent workplace accidents and injuries.
Employment Laws
Contractors must also comply with employment laws, including minimum wage requirements, labor regulations, and anti-discrimination laws.
The Role Construction Attorneys for Compliance
Construction attorneys protect the interests of those involved in industry projects by providing legal advice, defining contractual obligations, and legal representation.
Several of the specific ways construction attorneys safeguard contractor businesses include:
Drafting, Negotiating, and Reviewing Contracts
Enlist a construction attorney for their expertise in drafting, reviewing, and negotiating a contract to ensure:
- Contract is legally binding and clearly outlines the responsibilities of all stakeholders to mitigate disputes.
- The contract sets out the terms and conditions of the project, including payment arrangements, project scope, and timelines.
- The contract addresses disputes and risk management to reduce the likelihood of litigation.
Compliance With Local Regulations
Construction projects must comply with the local building codes and regulations to meet safety and quality standards. Contractors should rely on the experience and knowledge of a construction attorney skilled in understanding and adhering to these often complex and changing requirements to prevent fines and legal action.
Resolving Disputes
Construction projects are prone to disputes, whether between stakeholders or with the governing authorities. Disputes often result from contract breaches, delays, non-compliance, and defective work. An attorney well versed in construction litigation can actually be highly beneficial in also resolving conflicts outside of the courtroom through mediation or arbitration.
Mechanic’s Liens
Mechanic’s liens are legal claims by contractors or subcontractors to secure payment for construction work completed. A construction attorney can help contractors file or defend these claims to preserve the integrity of the business and projects.
In each jurisdiction, there will be a specific deadline for filing from the date that service was performed or materials provided. Establishing and proving this timeline can become a very significant process.
Pre-Construction Legal Due Diligence
Legal due diligence can include reviewing land titles, permits, licenses, zoning regulations, and contracts. For a construction project, due process should also include the financial documentation. This process helps identify and address potential financial and legal risks before a project begins, or understand assignment of responsibility during a dispute.
Change Orders and Project Adjustments
Due to their complex nature and the possibility of unforeseen circumstances, construction projects are often subject to scope changes.
This usually alters the terms and conditions of the original contract to accommodate additional resources, time, or costs.
A construction attorney can protect the interests of a contractor by assisting in the drafting and negotiating of change orders.
Trust KPPB LAW’s Experienced Construction Attorneys for Contract Compliance
The success of a construction project can rely heavily on skilled and experienced legal counsel. This includes navigating those laws designed to regulate land use and protect the public interest.
Professional legal guidance will provide a better understanding the full extent of building regulations and other compliance requirements. Complying with these regulations and addressing non-compliance issues can become more manageable with legal guidance.
KPPB LAW’s experienced construction attorneys are experts in construction laws and precedents. They provide tailored legal expertise allowing contractors to focus on completing their projects on time and on budget.
Contact KPPB LAW today for expert legal guidance and representation in the construction industry.