In business and industry, claims and conflicts are a given. These include allegations of negligence, contract violations, nonpayment, and other causes of action. Resolution of disputes and claims is expensive, not only in terms of the money paid in settlement, but also in terms of the costs of expert and legal counsel, employee preparation time, and the effects of uncertainty and contingent liability on a company’s ability to operate. Construction-related disputes involving architects and engineers are common. Owners, architects, engineers (including structural, mechanical, electrical, and geotechnical engineers), contractors, subcontractors, suppliers, individual workers, estimators, construction managers, and other parties are all involved in construction projects.
Many of these parties, if not all of them, are involved in disputes. Therefore, the numerous parties involved are one of the features of construction litigation. Another is the sheer volume of case-relevant papers produced throughout the project. These disputes are exceedingly expensive and time-consuming to litigate since there are so many parties involved and so many documents. In some cases, the costs of a lawsuit may be greater than the sum at issue. Despite this complexity, many claims and legal disputes—particularly those involving the law of contracts and the law of negligence—are successfully settled in accordance with a limited number of legal principles.
Therefore, having a solid grasp of negligence and contract law aids professionals not only in analysing and resolving problems but also in preventing disputes from arising in the first place. One of the goals of this text is to give the reader enough knowledge of legal concepts to help them avoid some of the mistakes that can result in claims and disagreements. Claims and disagreements are sometimes unavoidable. For instance, a party may become bankrupt or insolvent and be unable to make payments. In contrast, an accident may result in severe injury or property damage. Parties in such situations must be aware of the actions that must be taken, frequently swiftly in order to protect their legal rights.
An unpaid subcontractor, for example, should file a lien or make a claim against a labour and material payment bond in a bankruptcy case. These actions must be carried out in accordance with the bond’s conditions or any applicable laws. The claimant’s rights may be severely harmed if they are unaware of the existence of these legal remedies, as well as the time limits and other procedural criteria that must be followed. The insured party, for instance, must abide by the terms of any insurance agreement in the event of an accident or risk losing coverage. The distribution of risk is a recurring issue in this literature. Risk is inherent in the geology, engineering, and architectural professions.
There is always a chance of an accident, failure, financial loss, or unanticipated outcomes. Therefore, everyone involved in a building project seeks to reduce their own risks or transfer those risks to others. They might create contracts that divide risks among the parties. They might also use insurance to transfer risk to the insurer, a third party. Bonds may also be used to safeguard parties from the risks of non-performance and non-payment.
International Law
International agreements are binding in Canada to the extent that domestic law has ratified them. In cases when domestic law is ambiguous, international treaties may also be used to interpret the law. An illustration of a global agreement is the North American Free Trade Agreement (NAFTA). Regardless of state laws, it enables Canadian engineers and other professionals to get work visas in order to work legally in the United States. Such a work visa, also known as a TN visa, is frequently granted and is reasonably easy to obtain.
Although there is a significant distinction between the right to work and the right to practice a profession, professionals should be aware of this. For instance, an engineer may need to have a license from the relevant Board of Registration in the state where they intend to consult in order to practice consulting engineering in the United States. In other words, a Canadian engineer would require both a license from the appropriate Oregon registration body and a TN visa, which would allow the engineer to lawfully work in the United States, in order to practice as a consulting engineer in Oregon.