September 21, 2021

Are Construction Laws National or State-Level?

Construction law involves all legal issues related to the planning, design, and construction of a building or structure. Because construction projects include multiple parties—not to mention the fact that construction sites can pose many safety hazards—it’s vital to understand and comply with all regulations throughout the process.

Some statutes exist at the federal level and are enforced nation-wide, but most others vary by state, county, and even the city where the building is taking place.

Hiring a construction lawyer to help navigate the process is always in your best interest.

Federal Laws Regarding Construction 

WORKPLACE SAFETY: The Occupational Safety and Health Administration (OSHA) exists to ensure safe and healthful workplace conditions by setting and enforcing standards and by providing training, outreach, education and assistance.

EQUAL OPPORTUNITY HIRING: The Equal Employment Opportunity Commission (EEOC) enforces the illegality of discriminating against a job applicant or employee on the basis of race, color, religion, sex, sexuality, national origin, age, disability, or genetic information. This applies to all types of work situations, including hiring, firing, promotions, harassment, training, wages, and benefits.

ENVIRONMENTAL PROTECTION: The Environmental Protection Agency (EPA) oversees regulation for human health and environmental safety in the workplace, including handling and disposing hazardous materials and waste, providing for storm water and drainage, pollution prevention, and sustainability guidelines.

GOVERNMENT PROCUREMENT: The Federal Acquisition Regulations System (FAR) regulates government procurement of land, supplies, and services with appropriated funds. It oversees contracts issued by the US military, NASA, and civilian federal agencies.

State & Local Laws 

In addition to federal laws, many states, counties, and even cities have their own sets of regulations concerning construction. Here in Minnesota, the Department of Labor & Industry covers specific laws and rules spanning:

  • CODES & LICENSING: Covering buildings, electricity, plumbing, contractor registration & boat licenses;
  • LABOR STANDARDS: From background checks, to child labor, minimum wage, and overtime;
  • WORKERS’ COMPENSATION: Covering fees, rehabilitation & treatment, and disability schedules; and more.

Construction Litigation 

With all of the levels of government playing a role in construction regulation, legal issues can arise in a number of ways.

Common construction-related legal disputes include:

  • Personal injuries or workplace accidents
  • Construction defects
  • Contract issues
  • Collection & creditor remedies
  • Problems with obtaining proper planning or building permits
  • Zoning laws
  • Construction noise regulations
  • Warranty claims
  • Mechanical liens & Foreclosure

Ultimately, if you’re entering into a construction project, you’ll want to do thorough research into all the regulations that must be met in your area to maintain compliance.

Construction lawyers bring comprehensive industry knowledge to the table, and will help steer you through both compliance and preventive measures to avoid any litigation.

Find a Construction Lawyer Near You

With our dedicated team of construction law experts, KTF Law firm will help you navigate the complexities of your construction project, keep you in compliance with regulations, and safeguard you, your partners, and employees from litigation.

Contact us today for a free consultation!

Inspector and construction worker discussing a structure that is being built
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