Department of Construction Technology and Management
Department of Construction Technology and Management
Department of Construction Technology and Management
CONSTRUCTION LAW
Definition of Law
Law is a system of rules and guidelines, usually enforced through a
set of institutions. It shapes politics, economics and society in
numerous ways and serves as a social mediator of relations between
people.
Law is Obligatory
Should be abide by the subjects
Custom Legislation
Popular (ordinary) Constitutional;
customary law Statutory; or
Subordinate (Non-
Judicial custom
(especially common Statutory)
law)
Contractual custom
(not obligatory by
itself but used in
interpreting contracts)
Classification of law
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WHO HOW
Doctrinal Where is the Law Clear;
Judicial No need to interpret
Legislative Where is the Law Ambiguous;
Word meaning (Context)
Legislative (legislator's/ Contract writer’s)
intent
Where is the Law Silent;
Interpretation may depend on extension
Where is the Law Contradictory;
In such cases, hierarchy of laws may be
applied
Where is the Law Unreasonable;
Is there a room for a reasonable
interpretation
Hierarchy of laws
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Custom;
Judicial decisions;
The Civil Code Legal System
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According to the Civil Law Legal System, Laws that are relevant to the
Construction are:-
Under Public Law
Finance Law;
Procurement Law;
Law of Taxation;
Construction related Laws;
Environmental Law;
Other relevant Public Laws;
Under Private Law
Civil Law ( Contract & Extra-Contractual Liability Law)
Commercial Law;
Relevant Regulations;
Other Relevant Laws;
The Common Law Legal System
The Common Law legal system is defined as the body of legal
principles and rules of action that derive their authority solely
from a society’s usages and customs or from the judgments and
decrees of the courts.
Equity;
International Treaties;
Custom;
Equity;
Division of power in
the Constitution
Legislative Interpretation
Constitutional laws (The House of Federation, The executives
the Parliament)
The parliament
Statutory laws Judiciary Interpretation
Citizens
(proclamations) (The Courts)
Legal supremacy (the rule of the law must be respected by all the
scope applies to)
Order of precedence:
PosteriorLaw prevails over prior Law;
Special Law prevails over general Law;
A lower Law may not contradict one of higher rank;
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Thank you!!