Governing law
The term "governing law" refers to the legal framework that determines the rights and obligations of the parties involved in a construction contract. The governing law is essential for providing a clear legal framework that governs the interpretation, execution, and enforcement of construction contracts. It helps ensure that all parties understand their legal rights and obligations within the context of the chosen legal jurisdiction.
The governing law clause specifies which country's laws will be used to interpret the contract and resolve any disputes that arise from it. In the UK, this would typically mean either the laws of England and Wales, Scotland, or Northern Ireland, depending on the jurisdiction agreed upon by the parties.
By clearly specifying the governing law, parties can avoid confusion and legal uncertainty, which can be crucial for managing complex construction projects effectively. The governing law affects the enforceability of the contract. Courts in the specified jurisdiction will apply their own legal principles to enforce the terms of the contract. In addition, construction projects must comply with various regulatory requirements, such as the building regulations, health and safety laws, tax requirements, payment procedures, environmental laws and so on. The governing law ensures that the contract aligns with these legal standards.
See also: Jurisdiction clause.
[edit] Related articles on Designing Buildings
- Agreement.
- Bespoke construction contract.
- Construction contract.
- Contract documents for construction.
- Contractual obligation.
- Contractual right.
- Housing Grants, Construction and Regeneration Act HGRA.
- Jurisdiction clause.
- Memorandum of understanding.
- Modifying clauses in standard forms of construction contract.
- Scheme for construction contracts.
- Traditional contract for construction.
Featured articles and news
A must-attend event for the architecture industry.
Caroline Gumble to step down as CIOB CEO in 2025
After transformative tenure take on a leadership role within the engineering sector.
RIDDOR and the provisional statistics for 2023 / 2024
Work related deaths; over 50 percent from constructuon and 50 percent recorded as fall from height.
Solar PV company fined for health and safety failure
Work at height not properly planned and failure to take suitable steps to prevent a fall.
The term value when assessing the viability of developments
Consultation on the compulsory purchase process, compensation reforms and potential removal of hope value.
Trees are part of the history of how places have developed.
The increasing costs of repair and remediation
Highlighted by regulator of social housing, as acceleration plan continues.
Free topic guide on mould in buildings
The new TG 26/2024 published by BSRIA.
Greater control for LAs over private rental selective licensing
A brief explanation of changes with the NRLA response.
Practice costs for architectural technologists
Salary standards and working out what you’re worth.
The Health and Safety Executive at 50
And over 200 years of Operational Safety and Health.
Thermal imaging surveys a brief intro
Thermal Imaging of Buildings; a pocket guide BG 72/2017.
Internally insulating a historical building
An experimental DIY approach using mineral thermal lime plaster.
Tree species selection for green infrastructure: A guide for specifiers.
The future of the Grenfell Tower site
Principles, promises, recommendations and a decision expected in February 2025.