Why Construction Law Is Challenging to Deal With

Talk with any construction lawyer about a problem, and you'll quickly realize it's not your average job. Even by the standards of legal practice, being a construction attorney requires having many pots going at once, oftentimes on a single case. Let's look at what can make construction law issues so tricky to handle.

Encompassing Many Fields of Law

A lot of fields of law are encompassed in any construction effort. Contract and business laws, unsurprisingly, feature prominently. You'll also find a lot of concerns with everything from labor laws to compliance with environmental regulations.

Likewise, there can be conflicts and inconsistencies that arise across the different fields of law. What happens, for example, if remediation is required to address an environmental issue at a building site? Who is responsible for the penalties? Who ends up paying the costs?

The "Not It" Factor

When things go badly, there are a lot of people to potential blame. Conversely, there are going to be lots of folks who say, "Not it!" A construction lawyer will spend a lot of time drawing up documents to prevent this sort of scenario. This means creating a series of interlocking agreements that clearly define who will be liable for what.

Everyone has their own counsel, too. For example, the agreement you're trying to sign with an architect on a project is going to be reviewed and revised by the firm's attorneys. They want to protect themselves against malpractice and negligence claims arising from all the nitpicky stuff that can occur during a build, such as a contractor substituting an unacceptable structural material for one that was required in the plans.


It may feel like the law is always about dealing with tons of paperwork. However, construction is a whole other ball game when it comes to documenting everything. Even when a project is humming along fine, everyone involved is going to have people signing for things like materials, construction orders, and permits.

Insurance and Bonding

While you never want to get into an insurance claim, it's always nice to know the option will be there. Insurance policies and bonds, though, are the safety nets that protect the construction industry and its participants. This means contracts have to be written to allow for the insurability of projects, and they also frequently have to include bonds that kick in after certain events. As with other elements of construction law, there is also a risk of insurance litigation on every project.

Contact a construction attorney for more details.