If a client fails to provide permits, licenses, or approvals for a project, the contractor may not proceed with the work or risk legal repercussions. Without necessary documentation, the project could be delayed or halted, leading to potential fines, legal liabilities, or termination of the contract.
A New York State licensed Professional Engineer (PE) or Registered Architect (RA) must submit construction plans to obtain a permit. A Department plan examiner will review the plans for any legal/zoning objections. When objections are satisfied, the Department will approve the application.
Before starting your project, your contractor should also provide proof of general liability insurance and workers' compensation. These documents are usually attached to the contract agreement.
The pre-construction phase includes creating a strategic plan for the project, creating a design, securing permits or entitlements, and gathering the labor and resources required for construction.
A building permit is permission to begin construction – a legal document that provides a permanent construction record to certify a building project met the current building code requirements and, when necessary, conformed to approved plans and specifications.
Monthly construction output is estimated to have fallen by 0.4% in volume terms in October 2024; this follows an increase of 0.1% in September 2024. The decrease in monthly output came solely from a fall in repair and maintenance (1.3%) as new work grew by 0.2%.
The area of construction law deals with matters such as infrastructure, housing, planning permissions and construction and engineering. The key to understanding construction law is that it has two main categories: non-contentious and contentious. Below is a brief overview of construction law and its branches.
The Building Act 1984 is the primary legislation. Its stated purpose is to “secure the health, safety, welfare and convenience of persons in or about buildings and of others who may be affected by buildings or matters connected with buildings”.
Construction law Construction (Design and Management) Regulations 2015. Control of Substances Hazardous to Health Regulations (COSHH) 2002. Health and Safety (Consultation with Employees) Regulations 1996. Health and Safety at Work etc Act 1974. Lifting Operations and Lifting Equipment Regulations (LOLER) 1998.