Construction law is a combination of common business practices, general legal principles and regulations spe­cific to the construction industry. These include new build­ing work, aspects of

Construction law

Construction law is a combination of common business practices, general legal principles and regulations spe­cific to the construction industry. These include new build­ing work, aspects of contract law, security interests, tender­ing, guarantees and claims involving building companies.

The lawyers provide advice to clients such as architects, developers and construction managers. They also handle bjd

Road to nowhere

Residents of homes built in Devon, England, may have, to pay for the completion of a road after it was decid­ed that the local councils were not required to finance the project. Construction began on the road ten years ago, but it was left unfinished after the developer ran out of money. In 2012, a local government ombuds­man, Dr Jane Martin, ruled that councils were not re­quired by law to pay for building the roads that serve new housing developments. She said she had found no proof that the local administration had done any­thing wrong, nor did she find any reason to recom­mend that regional councils should pay for the road.

Baurecht ist ein eigenständiger juristischer Bereich. Matt Firth erklärt Ihnen, in welchen Fällen dieses Recht zum Tragen kommt.

Building projects: who is responsible at every step?

protests, write and negotiate contracts, and analyse, prepare, prosecute or defend claims relating to building contracts. They work to resolve construction disputes out of court, but litigate when necessary. Cases include those seeking to recover costs for damage resulting from unsatisfactory work or from using the wrong materials — for example, for water damage following a broken pipe in a new building.

Since the 1970s,_vconstruction law in the UK has become increasingly specialized, developing into an area of law sep­arate from related subjects such as real property law. Con­struction law is used to resolve disputes arising from other types of projects, such as building bridges or roads.

The Society of Construction Law, established in 1983, promotes the development of best practice in the field. For example, many construction projects repeatedly miss dead­lines, causing delay and disruption, particularly in the case of chain contracts, where the work of one company depends on or follows the work of another.

The Delay and Disruption Protocol was prepared by the Society of Construction Law in 2002 to determine exten­sions of time and give recommendations or orientation for compensation in cases dealing with delay.

Exercise: Building sentences

LANGUAGE LEGAL ENGLISH

>

Choose the words that best complete the text.

best practice [.best 'praektis]	Erfolgsmethode
bid protest	Einspruch gegen die
['bid.praotest]	Vergabeentscheidung bei einer Ausschreibung
chain contract ['tjein.kontrakt]	Vertragskette
claim [kleim]	Forderung; Reklamation
compensation [.kompsn'sei/'n]	Schadensersatz
construction industry	Bauwirtschaft, -branche
[kan'strAkJ'n.indastril
construction law [ksn'strAkf'n b:]	Baurecht
contract law ['knntraekt b:]	Vertragsrecht
developer [di'vetopa]	Bauträger(in), Bauunternehmer(in)
disruption [dis'r/\pj=n|	Unterbrechung
litigate ['litigeit]	prozessieren
prosecute sth. ['prnsikjuit]	etw. verfolgen, betreiben
real-property law |,rial 'propsti to:]	Immobilienrecht
recover sth. [ri'kAva]	etw. zurückbekommen
resolve sth. Iri'znlv]	etw. lösen
rule sth. [ru:l]	etw. verfügen

Construction law involves lawyers at each stage of a building project. A council may request legal advice during the a) tendering / claim process, when compa­nies make offers. The council may also require formal b) conferences / guarantees from the building firm. These include how much c) compensation / obligation should be paid in case of delay. Such delays can be particularly unfortunate in the case of d) disruption / chain contracts. If a construction firm doesn't finish the building work for lack of money, a(n) e) spokesman / ombudsman may be required to rule on the case.

Answers on page 62

MATT FIRTH teaches legal English at the University of St Gailen, Switzerland. He is also secretary of the European Legal English Teachers' Association (EULETA). Contact: [e-mail]

2/2013

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