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Open Access. Powered by Scholars. Published by Universities.®

2022

University of Arkansas, Fayetteville

Construction law

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Full-Text Articles in Law

Construction Law: The English Route To Modern Construction Law, Vivian Ramsey Jun 2022

Construction Law: The English Route To Modern Construction Law, Vivian Ramsey

Arkansas Law Review

In this Article, I will look at the way that construction law has developed in the English common law world from its roots in the law of England and Wales. Whilst common law traditions are now applied to many jurisdictions, the number of jurisdictions in which English precedents are binding is now small. But, in many common law jurisdictions decisions of the English courts are still treated as “persuasive.” English decisions in the field of construction law have an extensive reach in terms of their persuasiveness. First, having a long-established court system, including a specialist court for 150 years, has …


Construction Law: Its Historical Origins And Its Twentieth Century Emergence As A Major Field Of Modern American And International Legal Practice, Philip L. Bruner Jun 2022

Construction Law: Its Historical Origins And Its Twentieth Century Emergence As A Major Field Of Modern American And International Legal Practice, Philip L. Bruner

Arkansas Law Review

“Construction Law” is a rapidly emerging “capstone” legal field that over the past century has subsumed principles from many traditional fields of law and has contextually created new implied rights and obligations unknown to such traditional fields. Construction law’s emergence has been driven by the extraordinary modern growth in global construction activity, which in 2020 accounted for 13% (US$10.7 trillion) of the global gross domestic product and which by 2030 is expected to grow by another 42%. This growth in construction activities engages millions of firms and persons and has increased considerably the technical complexity and rapidity of changes in …