PCM-Lecture13-Construction-Law

PCM-Lecture13-Construction-Law - Project and Construction...

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Unformatted text preview: Project and Construction Management Project and Construction Management Lecture #13 Lecture #13 onstruction Law Construction Law Luis Prieto-Portar 2010 Construction contracts are regulated by many laws. The construction industry has attracted far more legislation than any other sector of our society. This is probably because it is the USAs largest industry (about $1,200 billion in 2008). Construction laws fall into these four categories: 1) Contract laws . These laws and regulations affect both public and private contracts; 2) Execution of contract laws . These laws include the issuance and the conformance to the conditions of the various laws, ordinances, regulations, permits, etc; 3) Settlement of disputes laws . These laws regulate how disputes are resolved. 4) Licensing laws . These laws regulate both businesses and the qualifications of the individuals that manage these construction businesses. For example, the licensing of professional engineers and architects (FS-Chapter 471), general contractors FS- Chapter 489), engineering contractors, inspectors, construction managers, etc. Here is a brief list of commonly used construction laws from federal, state, county, cities, towns, special taxing districts, etc:- Davis-Bacon Act (for all federally funded projects);- OSHA (safety requirements);- Americans with Disabilities Act (federal laws since 1990);- U.S. Army Corps of Engineers (regulations for work in navigable waterways);- U.S. Department of Labor (regulates employment);- Air pollution laws (EPA);- Water pollution laws (EPA);- Business licenses (local, required to conduct business in each municipality); nemployment insurance codes (state);- Unemployment insurance codes (state);- Workers compensation laws (state);- Professional licenses (state laws controlling the practice of certain fields);- County codes and ordinances (regulating construction);- City codes and ordinances (regulating construction);- National, State and County Building Codes;- Mechanics lien (state laws);- Labor (state laws);- Housing (state laws);- Noise abatement control (state and county laws);- Subletting and subcontracting (state and local laws);- Etc. Public versus Private Contracts....
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PCM-Lecture13-Construction-Law - Project and Construction...

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