Construction Law – General
Construction law is a branch of law that deals with matters relating to building construction, engineering, and related fields. It is in essence a blend of contract law, commercial law, planning law, employment law and tort. Construction law covers a wide range of legal issues including contract, negligence, bonds and bonding, guarantees and sureties, liens and other security interests, tendering, construction claims, and related consultancy contracts. Construction law affects many participants in the construction industry, including financial institutions, surveyors, quantity surveyors, architects, builders, engineers, construction workers, and planners.
Construction Law – Liability
Construction liability law deals with the personal injury and wrongful death cases resulting from construction accidents, as well as the safety laws, regulations and standards governing the construction industry. The Occupational Safety and Health Administration (OSHA) is the governing regulatory body for construction site safety.
As our clients understand, construction accidents range from minor to catastrophic, and occasionally result in death. Although these accidents may occur on a client’s site, they often result from the negligence of others such as faulty construction equipment; defective products; defective machines; inadequate safety or equipment training, as well as negligent or reckless co-workers. The defense of these matters require quick and thorough investigations.
Some construction workers are limited by law to receiving only workers’ compensation for their construction injuries. However, in many cases, workers can also recover damages from partially or completely responsible parties, who are not their employer, based upon theories of negligence and product liability.
Various entities may be liable for construction accidents. They include the construction site owner, architects and engineering professionals, contractors, construction managers, and manufacturers of construction machinery or equipment.
At Dorsett Johnson & Swift, we have assembled an “immediate response” team that includes attorneys, investigators and experts (when necessary) to best defend our clients when they are most in need.