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Frequently Asked Questions about Construction Law
Q: What is a building code?
A: A building code is a law or ordinance enacted by a local authority that sets out the minimum standards that must be met for building design, construction, quality and location. There are also specialized codes for plumbing, electrical and fire safety. Building codes also cover most remodeling projects.
Q: What permits do I need to get?
A: Every community has different requirements. You probably will at least need a building permit. You may have to obtain a special permit to build in a particular area. You should also be aware of any zoning or land use restrictions on the site where you plan to build.
Historic preservation laws in many cities and states limit the right of a building owner to make changes to a building that would affect its historic character.
Construction Litigation — Pennsylvania and New Jersey
Despite the best intentions of all parties involved in a construction project, conflicts and disputes can arise. If you are in the construction or real estate business, you know that litigation to resolve construction disputes can be costly and time-consuming. At Kaplin Stewart, we know this, too, and work hard to manage the litigation process to achieve prompt results while keeping your costs in line. We have the experience you need and the perspective that can only be gained by representing all parties in construction disputes. Our clients include owners, developers, architects, construction managers, general contractors and insurance companies.
The following articles are intended to provide a general overview of construction disputes, litigation and the law. For more specific information, contact one of our three office locations to arrange an attorney consultation.
Construction Law - An Overview
Construction of both residential and commercial buildings can involve numerous legal issues, including construction-related disputes. When you are faced with construction related legal issues, you need the assistance of the experienced attorneys at Kaplin Stewart Attorneys at Law in Blue Bell, Pennsylvania.
The construction contract is the essential document that sets out the rights and responsibilities of each party to the agreement. It is important that you read this document carefully, and that you understand it fully. The legal consequences may not be obvious, so it's important to have a lawyer review it with you. While some compromise may be necessary, you need to be certain that this truly is the agreement you want to make. If it is not, you should not sign the agreement unless the changes you want are made. You will be legally bound by this contract, and it is no defense to say that you didn't read it all the way through.
Zoning and Land Use
Property owners are not entirely free to do whatever they want with their property. Most property is subject to governmental oversight on the uses to which the property may be put. It is important that property owners are familiar with these zoning and land use restrictions before they attempt any major work on their property. Call today to schedule a consultation with an attorney who is knowledgeable in real estate law and can advise you about the restrictions that may exist on your property.
Construction Disputes
Disputes between a contractor or a construction company and a customer are all too common. Disputes often arise out of delays in getting the work down, unsatisfactory work, or a customer's failure to make payments. Construction-related disputes can consume a lot of time and money on the part of everyone involved. In many cases, the expense involved in pursuing a dispute is far out of proportion to the money actually at stake. Call today to schedule a consultation with an attorney experienced in handling construction disputes who can help you pursue your claim in an efficient, cost-effective manner.
Hiring a Contractor
The relationship between a property owner and a contractor can work smoothly if both parties are willing to take the steps needed to do so. It can also be a contentious one. It can also work smoothly, if both parties are willing to take the steps needed to do so. An attorney with experience in construction law will help you do what is necessary to make sure things go according to plan.
Construction Defects
Very few buildings are completed to absolute perfection, but not every variance in quality will be considered a defect by a court. The defects that are most often pursued are those that reduce the value of a building or that interfere with its use. An attorney with experience in construction law can advise you about how to handle your construction defect claim.
Construction Law Resource Links
National Construction Law Center
Offers educational materials to those engaged in the construction process, with an emphasis on serving the construction owner.
American Arbitration Association
Resources on alternate dispute resolution, including construction-industry specific arbitration.
Contractors' Knowledge Network
Construction industry related research; sponsored by the Foundation of the American Subcontractors' Association, Inc.
HUDCLIPS
HUD's Client Information and Policy System (HUDCLIPS) provides access to HUD's official repository of policies, procedures, announcements and other materials.
International Code Council
Model building codes and construction standards.
