Law 101: What is Construction Law – Part 3?

In our “Law 101″ posts, we define terms, phrases, or concepts with the goal of conveying core information in order to set the stage for more involved and complex discussions.

In Law 101: What is Construction Law – Part 2, we explained that in the construction context as a whole, obligations arise both by force of law and by agreement. Here is a list of some of the more typical legal issues that arise in construction matters.

  • Non-Payment for Labor or Materials Providedfile491275303162 (2)
  • Defective Construction
  • Defective Design/Engineering
  • Product Liability
  • Time Delays
  • Contract Disruptions or Accelerations
  • Differing Site Conditions
  • Scope of Work/Extra Work/Change Order Disputes
  • Contract/Contractor Termination
  • Contract/Contractor Abandonment
  • UCC Claims/Foreclosures of Personal Property
  • Personal Injury
  • Workers’ Compensation
  • Texas Construction Trust Fund Claims/Misapplication of Trust Fund Claims
  • Warranty Claims
  • Misrepresentation Claims
  • Insurance and Surety Bond Claims
  • Mechanic’s & Materialman’s Liens
  • Texas Residential Construction Liability Act Claims
  • Bid Reliance/Bid Mistakes
  • Environmental Assessment & Impact
  • Occupational Safety & Health Administration Regulation Compliance

In future posts we will flesh out the source of the obligations of each of the above issues, their meaning, and their implications in greater detail.

Random fact: The Texas Department of Licensing and Regulation, the state’s umbrella occupational regulatory agency, does not require licensure or regulate “General Contractors” in the state of Texas. Some argue doing so would rein in trouble contractors; others argue it would only result in increased costs to consumers and more bureaucracy for everyone.

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