What is Construction Law?
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UPDATED: Feb 12, 2020
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Construction law involves disputes and formation of agreements between the builder and homeowner covering a project which could cost several hundred thousand dollars.
Actual Law Designated as Construction Law
Each state determines its specific law for contracts and building law. Typically, the portions of the law dealing with agreements or contracts fall under a state’s contract laws. However, when a construction contract is in question, there are specialized attorneys familiar with the way a construction contract should be phrased and how to fix mistakes in the construction contract. For the actual construction company, building codes are a type of construction law specific to their industry and are listed as a special section in the law.
Essential Steps for the Builder in a Construction Law Dispute Regarding Payment
The Builder has the ability to place a lien on the property if the homeowner refuses to pay his owed amount. Payment complaints are filed with the local court and the lien is filed with the county registrar office. The lien will remain on record permanently, so that once the home is transferred, the debt is satisfied out of the sale proceeds.
Essential Steps for the Homeowner in Contesting an Increase in Building Costs
The first step is to check your contract. Most building contracts specify that any unanticipated building costs are charged to the homeowner. If this is the case, you will have to ante up. If your construction contract does not contain this provision, you should consult a Construction Law attorney to ensure that the proper documents are filed to avoid a lien on your property.
Homeowner Recourse Under Construction Law for Newly Discovered Builder Defect in Five Year Old Home
Each state specifies a time limit in which the homeowner can sue the builder for defects in his home. Some states grant even longer amounts of time for certain defects because they take longer to discover. Building defect law is complex, so you should contact a Construction Law attorney immediately after discovering a defect to make sure you can still collect damages and fix the problem.