South Carolina Construction Law Information | Charleston SC, Construction Real Estate Attorney

Most property owner-contractor relationships run smoothly. Even so, problems may arise due to delays, by the failure of suppliers to deliver materials, or by disputes between a contractor and his or her subcontractors. What starts as a simple dispute between an owner and a contractor can quickly escalate into a multi-party battle, involving the property owner, the contractor, subcontractors, material suppliers, and others. If the dispute cannot be resolved amicably, you will need expert legal advice to see you through the dispute. There is much at stake.

Historic preservation laws in many cities and states limit the right of a building owner to make changes to a building that would affect its historic character. Some restrictions may apply to just one building, while others may apply to whole neighborhoods. Historic preservation laws are not limited to old, elaborate, or famous buildings. Preservation laws have been extended to ordinary homes, in ordinary middle-class neighborhoods that are considered to have some historic or architectural significance. If you are located in a historic preservation district, you may need legal advice as to what you can or can't do on your property.

A mechanic's lien (called a "materialman's lien" in some states) is a tool for those who do work to improve real property. The lien is used to ensure payment for services and materials. The lien attaches to the property when the work is done, or the materials delivered, and remains attached to the property until payment is made. If the property owner does not pay for the services or materials, the person who performed the work or sold the materials may initiate a court proceeding to enforce the lien. That proceeding could require a sale of the property to pay for the services and materials. Expert legal counsel can help you through mechanic's lien issues, and can help protect your property in the event of a lien proceeding.

The Americans with Disabilities Act (ADA) requires buildings that are open to the public to be accessible to persons with disabilities. That may mean making sure doors are wide enough to accommodate wheelchairs, that curbs have cuts in them, or that signs are in Braille. Meeting the accessibility rules can be expensive, as well as difficult. If you may be using your building for a business that receives visits from its customers, you should consult an attorney knowledgeable in ADA compliance issues.

Charleston, South Carolina Construction Law Attorneys

If you are a homeowner or commercial property owner who is involved in a legal matter concerning construction on your property, or if you are a contractor involved in a construction law dispute, a lawyer at Burke Law Firm, LLC, can help you fight for your rights. Real estate and construction disputes include any services that have been done on a residential or commercial property. Examples encompass foundation issues, structural problems, or water intrusion, which could potentially lead to health concerns such as toxic mold. If you feel that the construction work on your property has not met contractual requirements or is putting you in danger, our firm can help. Likewise, if you are a contractor or subcontractor who has not been paid for your services, our firm can help you recover the compensation you are owed. We also have experience helping clients with mechanics liens or any other construction law and property concerns.

Construction Law - An Overview

In recent years, the construction industry in the U.S. has seen unprecedented growth. Construction of both residential and commercial buildings has increased rapidly. With the rapid growth in the industry, however, has come a rapid growth in construction-related disputes. When you are faced with construction related legal issues, you need the assistance of an experienced attorney.

Construction Contracts

The construction contract is the essential document that sets out the rights and responsibilities of each party to the agreement. It is important that you read this document carefully, and that you understand all of it. The legal consequences may not be obvious, so it's important to have a lawyer review it with you. While some compromise may be necessary, you need to be certain that this truly is the agreement you want to make. If it is not, you should not sign the agreement unless the changes you want are made. You will be legally bound by this contract, and it is no defense to say that you didn't read it all the way through.

Zoning and Land Use

Property owners are not entirely free to do whatever they want with their property. Most property is subject to governmental controls on the uses to which the property may be put. It is important that property owners are familiar with these restrictions before they attempt any major work on their property. An attorney who is knowledgeable in the real estate area, can advise you about the restrictions that may exist on your land.

Zoning

Zoning laws or ordinances are controls on what a property owner can do with his or her land. While the nature of zoning restrictions vary from city to city, the most common type of zoning law restricts certain types of businesses to certain areas, and will limit other areas to strictly residential uses. Some cities have very strict, and wide-ranging zoning laws: not only are certain areas limited to residential use, but homeowners must keep fences below a certain height, they may not keep certain pets, or they may not park certain vehicles on the street in front of their homes. In some extreme cases, the courts have held that zoning laws are so restrictive as to amount to a "taking" of the owner's property, allowing the owner to make a claim for compensation form the governmental authority that made the zoning law.

Construction Disputes

Disputes between a contractor or a construction company and a customer are all too common. Disputes often arise out of delays in getting the work down, unsatisfactory work, or a customer's failure to make payments. Construction-related disputes can consume a lot of time and money on the part of everyone involved. In many cases, the expense involved in pursuing a dispute is far out of proportion to the money actually at stake. An attorney with experience in construction disputes can help you pursue your claim in an efficient, cost-effective manner.

Resolving Construction Disputes

Most construction contracts set out the manner in which disputes are to be resolved. Usually, those contracts call for use of a means other than litigation, such as arbitration or mediation, to resolve disputes.

Hiring a Contractor

Hiring a contractor is something many, if not most, property or building owners will be faced with at some point. While some owners may want to do construction work themselves, for many, do-it-yourself is not a realistic option. Laws in many communities state that a licensed professional must do certain types of work, such as electrical installation. Most property owners will also conclude that they will, in the long run, save time and money by hiring a professional to do the work.

The relationship between a property owner and a contractor can work smoothly if both parties are willing to take the steps needed to do so. It can also be a contentious one. It can also work smoothly, if both parties are willing to take the steps needed to do so. An attorney with experience in construction law will help you do what is necessary to make sure things go according to plan.

Construction Defects

The construction industry has experienced record growth in recent years. New construction sprang up in virtually every part of the country. Home construction, in particular, saw rapid growth: in 2004, construction of single-family homes nationwide hit an all-time high (for the third year in a row) of 1.714 million units. The rapid growth in construction was accompanied by a rapid growth in claims for construction defects, as homebuyers and other customers of the construction industry asserted complaints for faulty construction. An attorney with expertise in construction law can advise you about the best way to handle your claim for construction defects.

Causes of Construction Defects

Very few buildings are completed to absolute perfection, but not every variance in quality will be considered a defect by a court. The defects that are most often pursued are those that reduce the value of a building or that interfere with its use.

Construction Law Resource Links

National Construction Law Center
Offers educational materials to those engaged in the construction process, with an emphasis on serving the construction owner.

American Arbitration Association
Resources on alternate dispute resolution, including construction-industry specific arbitration.

Contractors' Knowledge Network
Construction industry related research; sponsored by the Foundation of the American Subcontractors' Association, Inc.

HUDCLIPS
HUD's Client Information and Policy System (HUDCLIPS) provides access to HUD's official repository of policies, procedures, announcements and other materials.

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Frequently Asked Questions about Construction Law

Q: What is a building code?

A: A building code is a law or ordinance enacted by a local authority that sets out the minimum standards that must be met for building design, construction, quality, and location. There are also specialized codes for plumbing, electrical and fire safety. Building codes also cover most remodeling projects.

Building codes are enforced by local building inspectors, who have the authority to deny permission to occupy or use a building that does not meet the building code.

Q: What permits do I need to get?

A: Every community has different requirements. You probably will at least need a building permit. You may have to obtain a special permit to build in a particular area. You should also be aware of any zoning or land use restrictions on the site where you plan to build.

Construction Law Information