Construction law involves the disputes and formation of agreements between the builder and homeowner covering a project that could cost several hundred thousand dollars.
Is there actual law designated as construction law?
Yes and no. Each state determines the law for their particular state with regard to contracts and building law. Typically, the portions of the law dealing with agreements or contracts fall under a state’s contract laws. However, when a construction contract is in question, there are specialized attorneys who are familiar with the way a construction contract should be phrased and how to fix any mistakes in the current construction contract.
For the actual construction company, building codes are a type of construction law that is specific to their industry and listed as a special section in the law.
What steps must a builder take if they have a construction law dispute regarding payment?
Builders have the ability to place liens on property if a homeowner refuses to pay their owed amount. Payment complaints are filed with the local court and the lien is filed with the county registrar office. The lien remains on record permanently so that once the home is transferred, the debt is satisfied out of the sale proceeds.
What steps must a homeowner take if they are contesting an increase in building costs?
The first step is to check your contract. Most building contracts specify that any unanticipated building costs are charged to the homeowner. If this is the case, you will have to pay the costs. If your construction contract does not contain this provision, then you should consult with a Construction Law attorney to ensure you file the proper documents to avoid having a lien placed on your property.
My home is 5 years old and I just discovered a builder defect. Do I have any recourse under construction law?
Yes, although it usually depends on your particular state law. Each state specifies a time limit where homeowners can sue a builder for defects in their home. In fact, some states even grant longer amounts of time for certain defects because they take longer to discover. Building defect law is very complex, so you should contact a Construction Law attorney immediately after discovering a defect to make sure you can still collect damages and fix the problem.