35. Construction Litigation

Construction LitigationConstruction law is the body of law that deals with all matters relating to the construction process. These include such topics as building contracts, bonds, guarantees and sureties, construction and builders’ liens, tendering, construction claims and related consultancy contracts. It affects all participants in the construction industry, including financial institutions, architects, builders, engineers and planners.

Construction law builds upon general legal principles and methodologies and incorporates the regulatory framework (including security of payment, planning, environmental and building regulations); contract methodologies and selection (including traditional and alternative forms of contracting); subcontract issues; causes of action, and liability, arising in contract, negligence and on other grounds; insurance and performance security; dispute resolution and avoidance.

Construction law has evolved into a practice discipline in its own right, distinct from its traditional locations as a subpractice of project finance, real estate or corporate law. There are often strong links between construction law and energy law and oil and gas law.