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 Massachusetts, construction law encompasses a wide range of legal areas as they relate to the construction industry. This includes the regulation of mechanic's and materialmen's liens, which are governed by Chapter 254 of the Massachusetts General Laws. These laws outline the process for contractors, subcontractors, and suppliers to secure a lien for unpaid labor and materials on a construction project. Additionally, construction contracts in Massachusetts are subject to general contract law principles, which require agreements to be made with consideration, mutual assent, and for a lawful purpose. Employment law issues, such as wage and hour regulations, workplace safety, and workers' compensation, are also pertinent to the construction sector and are regulated by both state and federal statutes. Insurance law plays a critical role in construction, with requirements for various types of insurance coverage, such as general liability and workers' compensation insurance. Zoning law and real estate law, including land use regulations and permitting processes, are enforced by local municipalities and are crucial for the lawful commencement and execution of construction projects. Personal injury law is relevant in the context of construction accidents, where liability may be determined based on negligence or other legal theories. Overall, construction law in Massachusetts is a complex interplay of multiple legal disciplines that collectively govern the construction industry.