Construction law does not refer to any specific area of the law. Instead, it is a shorthand way of referring to many different areas of law as they apply to the special context of the construction industry. That is, construction law is not a discrete area of the law; it is an area of legal practice.
The core of construction law is the law of contracts. At present in Canada and in Newfoundland and Labrador the legal relationships between the main parties on any given construction project – the owner/developer, general contractor, subcontractors, suppliers, and engineers and architects – are governed very largely by the law of contracts. As such, the negotiation and conclusion of construction contracts is a key component of construction law practice.
Other areas of importance include:
- The law of bidding and tendering
- Bonding, insurance, guarantees and sureties
- Construction financing and procurement and delivery models
- Dispute resolution (mediation, arbitration and litigation) and dispute avoidance
- Builders’ or mechanics’ (construction) liens, and other security interests
- Real estate transactions
- Planning legislation and regulations
- Environmental law and regulations
As well as:
- Labour and employment law
- Occupational health and safety
- Business organizations and corporate law
- Administrative law (needed generally in dealing with regulatory and licensing bodies).
All said, a construction lawyer needs to be familiar with those areas of the law that are especially relevant to the construction industry. But a good construction lawyer is also characterized by their familiarity with the industry itself, the nature of construction business, and the needs of industry stakeholders – their clients.
