Construction law is a general reference to various areas of law as applied to the design, engineering, and construction of buildings—including residential buildings and commercial buildings—as well as bridges, roads, pipelines, railroads, water transmission and distribution systems, electrical power transmission systems, sewerage systems, and other structures.
In addition to the law governing the filing and removal of mechanic’s and materialmen’s liens (also known as contractor liens), construction law includes contract law, employment law, personal injury law, insurance law, zoning law, and real estate law.
In Delaware, construction law encompasses a wide range of legal areas as they relate to the construction industry. This includes the creation and enforcement of contracts, which are essential for defining the terms and conditions of construction projects. Delaware's mechanics' lien laws provide a way for contractors, subcontractors, and material suppliers to secure payment for their work by placing a lien on the property they have improved. These lien laws are codified in Title 25, Chapter 27 of the Delaware Code. Employment law is also a significant aspect of construction law in Delaware, governing the relationship between employers and employees in the construction sector, including wage and hour laws, workplace safety, and workers' compensation. Insurance law plays a critical role in construction projects, as it provides coverage for various risks associated with construction activities. Additionally, zoning and land use regulations, which are managed at the local level, affect construction projects by determining what can be built and where. Real estate law is involved in transactions for the purchase and sale of property on which construction takes place. It's important for those involved in construction to comply with all relevant state statutes and federal laws, and they may consult with an attorney to navigate these complex legal areas.