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 New Jersey, 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 the New Jersey Construction Lien Law (N.J.S.A. 2A:44A-1 to -38). This law sets forth the procedures for filing a lien for unpaid work or materials provided on a construction project, as well as the process for enforcing and discharging such liens. Contract law is also a significant aspect of construction law in New Jersey, involving the creation, negotiation, and enforcement of construction contracts. Employment law issues arise in the context of worker safety, labor disputes, and wage regulations. Personal injury law is relevant in cases of accidents and injuries on construction sites. Insurance law plays a role in terms of coverage for damages and liabilities. Additionally, zoning and land use regulations affect the approval and compliance of construction projects, while real estate law deals with transactions and disputes related to property involved in construction. Attorneys practicing in the field of construction law in New Jersey must navigate these various legal areas to effectively represent their clients in the construction industry.