October 1, 2020 The Legal Hurdles of Your Industrial Construction Project

Learn about the varying laws and regulations to help you approach your construction project correctly.

When it comes to industrial construction and construction in general, there are an incredible number of laws and regulations to take into account. In addition to local ordinances and council requirements, you will be subject to significant hurdles specific to your project that will dramatically affect the construction process as well as the final design itself.

Keep reading to learn about the varying laws and regulations that will determine how you approach your construction project.

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What Licenses and Certifications Do You Need?

Before you get started with any construction process, it is crucial to consider the licenses and certifications required. Without a comprehensive approach that considers all aspects of construction and law, missing even one requirement can impact the timeline of your project by weeks or even months.

General permissions required in beginning a construction project will include things like development consent, and approval of plans that are structurally sound and comply with relevant building standards. This will be in addition to more specific requirements that are relevant to your particular project.

The stakeholders that might be included in the approval process can include local councils, more general planning panels, and the relevant overall regulatory body regarding construction, infrastructure and planning.

Other agreements and permissions that you might need to obtain include tenure agreements and environmental assessments, and the process will include the submission of any relevant plans and other assessments. This brings us to the next section – the design and planning process.

The Design and Planning Process

Looking more closely at the design and planning process, there is a lot to keep in mind. In addition to yourself, others involved such as architects and engineers will all need to comply with rigorous standards that ensure a safe and functional environment.

The architect you choose will be required to have the relevant licenses. This will mean that they require specific qualifications, will need to comply with the architecture code of conduct and practice, and will need to comply with regulations that ensure health and safety within their design.

Given these requirements, the architect will need to have a strong knowledge of all building regulations, fire safety requirements, and more – all things that will be present with a more experienced architect. This knowledge will be evidenced in the designs, plans and models developed by the architect, ensuring an end result that maximises protection, safety and functionality.

Another point to consider is the importance of intellectual property within the design process – this is a complicated issue with comprehensive laws governing it. As a result, architects will need to protect their own work and clearly indicate their obligations when negotiating contracts.

Your architect will also consider law in terms of relevant insurance, ensuring they are covered for things like loss of earnings, personal accident and travel, and public liability. For more on business and public liability insurance, click here.

Working With Your Builder

Once the process of legislation has been covered in regard to your architect, the next step involves shifting focus towards the builders themselves.

Yet again, licenses will be required – the extent of which will depend on project cost, whether or not your construction needs are specialised, and various other factors. Experienced builders will be able to operate and carry out work in a manner that respects health and safety requirements, as well as ethical practice in general.

In addition to making sure you have the right licenses for the job, you need to make sure that any potential contract problems are avoided, and that all parties are treated fairly. This can include ensuring that things like statutory warranties, contract pricing, and insurance are all properly negotiated and made clear prior to beginning work.

Some of the most prominent aspects that will need to be covered are scope of work, payment provision, and measures that take into account changes to the project or unforeseen delays.

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