Newsletters

Construction Employee Safety and Health

The Occupational Safety and Health Act (OSHA) requires all employers to provide their employees with a safe and healthful environment for working. Given the varied and potentially severe hazards that can be present at a construction site, construction employers must pay special attention to safety standards. In addition to the general guidelines applicable to all industries, the construction industry must follow regulations specifically geared to address hazards peculiar to the construction environment.

Construction and Land Use Litigation

Before a parcel of land can be developed, the property owner or developer must obtain the necessary approvals from the local government or designated permitting agency. Land use litigation between neighbors is usually founded on one neighbor's disapproval of the use or imminent use that another neighbor is or will be making of their property. Litigation can be initiated by the local governing body against the property owner or developer seeking to enforce established zoning laws or land use regulations.

Interpretation of Construction Contracts - Course of Dealing

The "course of dealing" between parties to a construction contract encompasses their past actions in conducting business on other matters and is regarded as the basis for a common understanding between the parties. Essentially, their conduct in carrying on past business affairs with one another may be used to interpret a contractual provision in their current business endeavor. When the parties have neglected to include a term in their current contract, courts may look to their course of dealing to supply the missing term.

Local Land Use Regulations and Antitrust Laws

Land use regulation is accomplished in large part through the zoning laws of local governments. Given the nature of such laws to restrict how a parcel of land is utilized, local governments may find themselves on the receiving end of an antitrust lawsuit. The recipient of a negative zoning decision may claim that the decision is injurious to competition and thus violative of federal antitrust law.

ROAD DESIGN IN SUBDIVISIONS

Subdivision plats are required to set forth the layout for the streets in the subdivision. The streets may be public or they may be private roads. If the streets are public, the subdivision plat must determine whether they will form a grid pattern or a hierarchical system that is dependent upon a loop road, whether there will be one or multiple connections from the subdivision to the existing streets, or whether there will be cross-connections to adjacent subdivisions.