A COMPLETE GUIDELINE ON BUILDING AND CONSTRUCTION LAWYERS

Construction law deals with the legal problems related to lands and construction work. Federal, state and local law handle all the issues related to construction law. All the concern department of government play a role in the regulation of construction law. There are numerous types of construction-related legal issues which includes contracts issues, workplace injury and accidents and problem in obtaining a construction permit from a legal authority.  

There are specific areas of the construction law mainly consists of commercial law, contract law, planning law and tort.  

CONTRACT LAW:  

It is the body of the court which specifically deals with breach of contract by any party. It allows the authorised party to sign a contract. They can move toward court to enforce contract law in case of breach of contract. In this way, contract law provides safety to citizens. A valid contract consists of four parts. 

  • Consideration 
  • Offer 
  • Acceptance 
  • Mutual intends to enter into an agreement. 

There are following areas of contract law 

PLANNING AND APPROVAL:  

All the time the construction industry needs to approve the contract from the government. Construction Company needs to approach the government pillars with the help of building and construction lawyer. They help them to get permission from the government in a legal way because only the construction knows how to deal with the matter in the right way.  

EMPLOYMENT LAW:  

Employment law deals with the relationship between employer and employees. This law cover when the employer hires the workers and when they start their work. Employment law protects the rights of the employees and ensures their payment when their work is complete. There are also certain laws which refrain employer to discriminate in the wages of employees based on their characteristics. Employees can enjoy a safe working environment and various insurance policies under employment law.  

TORTS AND OCCUPATIONAL SAFETY:   

It is the natural phenomenon that injury can occur anytime during work so, the employer always be ready to address all such kinds of problems promptly. The employer must provide the proper equipment and safety suits to the person working in sensitive areas. In case of any serious injury, the employer must defend themselves from a lawsuit. They should compensate either it is a minor injury or a physical loss. They should employ all those procedures that help them to avoid financial strain on the business.  

Talking about occupational safety, it is a multidisciplinary subject deal with health, safety, and protection of employees at work. OHS protect the co-workers, customers, employees and other members might be affecting at working place. There are various hazards ranging from biological hazards, chemical hazards, physical hazards and psycho-social hazards in working place. Personal safety hazards and precautionary measures can help them.  

PROPERTY LAW:  

It is the body of law deals with what people own. It includes who can own the property and personal items. It tells them how to use the personal item on what conditions.  

This is the area of law that affects real and state property. It is only the body of law which affects everyone in society. Is also encompass family law, municipal law, and estate law. In case of property, ownership issues a construction lawyer help to retain their claim on the property. It is the duty of the construction lawyer to address the particular issues and defend the claim of their clients on property and minimise the large problems later on.  

DISPUTE RESOLUTION:  

Dispute resolution is the agreement of parties on some specific issues. It is the process of conflict resolution among parties? How the laws facilitate the dispute process?  The judicial system provides the apparatus for the resolution of the conflict between citizens, between two state governments, between the centre and state government. There are two different types of dispute resolution:  

  • Legal dispute resolution 
  • Extrajudicial legal resolution  

Legal dispute resolution involves the settlement of different kind of disputes. Sometimes, the disputes are not resolved through a collaborative process and people seek coercive force of the state to demand justice so, they hire the professional construction lawyers in case of legal wrongdoing and threat of legal action against them.  

WHO PRACTICE AS CONSTRUCTION LAWYER?   

Construction lawyers are litigators and they are professional advocates. They themselves feel comfortable with the conflict. They are particularly a concern with resolving the client’s issue as soon as possible. Building and construction lawyers Melbourne can help you in facilitation.