Construction Law Trends in the 21st Century

Over the course of the past 24 months, there has been an increasing emphasis on construction law and trends in construction law. Therefore, if an individual is involved in the construction business or in an affiliated industry, it is important to have a basic understanding of these construction law trends at this point in time in the 21st century. Through this article, you are provided a review of these trends.

One of the most significant trends associated with construction law in this day and age revolves around construction enterprises that are finding themselves in the position of having to deal with projects that are not being completed because of financial problems on the part of the developer. Indeed, at this point in time a record number of developments are being halted midstream due to financial problems facing the developers themselves.

In this regard, construction companies of different types – from contractors to all manner of subcontractors – are finding it necessary to cover issues relating to defaults and termination of construction projects prior to completion due to financial problems being experienced by developers.

Many developers actually are ending up in bankruptcy. Therefore, when it comes to construction law related issues, a prime concern of companies and individuals in the construction industry is being able to protect their interests in the confines of bankruptcy proceedings. Therefore, a good number of these types of construction related business enterprises are finding it imperative to engage legal representation that is well versed in the arena of bankruptcy defense and in related areas of the law.

Another significant trend in the arena of construction law at this juncture in the 21st century involves making sure the enterprises involved in the construction industry are as fully protected as possible when it comes to the contracts that they enter into with developers and other enterprises involved in the industry. Provisions in these contracts that provide adequate protection to these construction related enterprises in the event of one kind of default or another are becoming of particular concern.

Finally, when it comes to trends relating to construction law, contractors liens are becoming an even more important issue. In simple terms, these are liens that are placed on real estate when a contractor or subcontractor performs work relating to that property. These liens provide a contractor, subcontractor or other construction industry related entity at least some level of additional protection in the event that a particular project ends up on the skids for one reason or another. In theory, a contractor, subcontractor or other similar type of entity can foreclose on that lien.

Once again, as was noted previously, when it comes to legal issues and challenges facing the construction industry presently, an enterprise in this industry is well served engaging the services of an experienced attorney. In the end, the best course that a business enterprise in the construction industry can take when it comes to protecting and defending their legal interest is through the assistance of a qualified, experienced and reputable attorney.

I Got Hurt at Work – Construction Site Edition

Construction work is one of the most classic occupations in the United States. Every town and city was built on the hard work of industrious people willing to put their well-being on the line to get the job done. Unfortunately, from time to time, accidents occur and deeply effect the lives of workers and their families.

The most important thing to remember about construction site accidents is the broad range of damage that can be dealt. Injury can be something as mundane as repetitive stress to something as serious as death by explosion. Construction workers have to keep their eyes and ears open for an extremely wide variety of hazards.

This article is here to explore the most common ways people get hurt in the construction industry, the kinds of stresses they have to deal with post-accident, and what can be done legally to get the proper compensation.

Discussing Common Workplace Accidents:

Let’s analyze some of the most common accidents that occur on the construction site.

* Falling Accidents. When it comes to construction, there are often scenarios where workers need to negotiate elevated locations. Some examples include scaffolding, girders, building structures, and building exteriors. Falling from even a modest height can result in serious injury or death.

* Falling Objects. It’s not always the person that falls – many times it’s objects. During construction lots of material is being broken, put together, and moved around. This breeds a lot of opportunity for unsuspecting workers to get an unpleasant surprise from above.

* Equipment/Vehicle Incident. Most jobs involve more than simple hand tools. Complex construction equipment and vehicles provide a constant challenge for workers to both get a job done on time, but to also do it safely. As equipment gets older, the risks tend to increase.

* Exertion Injury. Construction work is often synonymous with manual labor. Any time extreme amounts of physical exertion are in play there is a possibility for injury. Examples often include lifting strain, repetitive stress disorder, tendonitis, and general body wear-and-tear.

* Chemical Incidents. Spills, exposure, and other unpleasant interactions with chemicals are a serious concern for many construction workers. There are often harsh cleansers, lubricants, and other chemicals involved in the overall construction plan of a job, and overexposure is not terribly uncommon.

* Fire/Explosion. Sometimes related to the chemicals cited above, fire and explosion is another reality of the construction site. High pressure equipment and volatile material can cause serious burns or worse to workers how are caught in the wrong place at the wrong time.

Results of Construction Accidents:

Just as unfortunate as the accident itself is some of the results that occur afterwards. Many people either do not see some of these issues coming, or don’t know how to handle them. Let’s analyze a few examples:

* Extensive medical bills from various injuries occurred on the job.

* Missed shifts and time at work, resulting in loss of wages.

* Reduced ability to perform work at the same level as before injury.

* Usage of personal days / sick days beyond those available.

* Negative pressure from bosses, coworkers, etc to either hide injury or report it in fraudulent ways.

* Shift work from full-time to light duty or reduced responsibilities.

Problems after an injury end to pile up, and it can be extremely difficult handling them, especially from a legal perspective.

Securing Proper Legal Counsel

It is important to get legal counsel so that you aren’t susceptible to the wims of insurance companies and construction firms. Unfortunately, general practice lawyers are rarely equipped to deal with the complexities of the large construction industry. Therefore it is important to locate a skilled construction law specialist.

It’s even better if you can find one in your area to reduce the costs of long distance representation (if it is even an option).

Construction Phase Health And Safety Plan: Why Are They Important?

During the construction, maintenance, refurbishment or demolition of a property there are numerous hazards to health that needs to be accounted for by the principle contractor and the client. It is the contractor’s responsibility to be prepared for any unfavorable circumstances and to maintain a safe and healthy working place. Meeting with safety and legal obligations can be a bit of a tiresome task, especially if one tries to take the amateur approach. However, the construction phase health and safety plan is a valuable document and has to be prepared properly and while following all legal compliances.

A construction phase health and safety plan is set apart from other documents due to the fact that it must give the user information as to how the construction process is going to be carried out safely. It will have to signify how the principle contractor plans on securing a safe and healthy site. Although this document is of high legal importance when it comes to coordinating a construction project, its preparation is sometimes neglected. This is mainly due to the fact that contractors in an attempt to draw the construction phase health and safety plan by themselves, often end up doing so in an unacceptable format and not having followed all the legal technicalities and the HSE regulations.

The traditional approach would have been seeking legal advice and it would have undoubtedly cost you an arm and a leg. For contractors who are interested in running a cost efficient operation there are more cheaper and effective methods available. They could buy a template online which has been designed by engineers with experience in construction safety management. Consequently they do not make the mistakes that you could have made as it is their job to be up to date with all the legal formalities and the Health and Safety regulations. This template is relatively easy to use and enables you to input the necessary data with the greatest of ease. It becomes easy to draw up a construction phase health and safety plan within a very short period of time.

Once purchased, this template can be used as many times as necessary. Hence, drawing up proper safety plans at the minimum cost will not only ensure that your firm is efficient and making more profits, it will also ensure that you have an unscathed reputation with the HSE. You can pay for this software by means of a credit card and also through PayPal. You can live up to your firm’s legal obligations while at the same time; give it an edge to have the upper hand over your competitors.