i-law

Construction Law

The text below is from the 2nd Edition of this title. The 3rd and 4th Editions are published by London Publishing Partnership.

CHAPTER 18

STATUTORY REGULATION OF WORK


Page 1418

Introduction

18.01 The common law places few restrictions on the performance of construction work, and the arrangements that a land owner may make to have construction work performed on his land. Broadly speaking, if the work does not unduly affect other land owners or persons in the immediate vicinity, an owner of land1 may do whatever he pleases when it comes to building on it. The common law seeks to uphold, rather than constrain, a land owner’s right to use and enjoy his land without being told by anyone else what he can or cannot do on it. It places no general restrictions on who may perform construction and engineering work, and the terms on which they may undertake to do so. Furthermore, at common law any person, however skilful or unskilful, experienced or inexperienced, honest or devious, may carry on business as a building contractor, and may contract on whatever terms he is able to agree. The construction industry that the common law would permit to operate (and possibly flourish) may therefore be described as truly “free market”.

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, click Log In button.

Copyright © 2024 Maritime Insights & Intelligence Limited. Maritime Insights & Intelligence Limited is registered in England and Wales with company number 13831625 and address 5th Floor, 10 St Bride Street, London, EC4A 4AD, United Kingdom. Lloyd's List Intelligence is a trading name of Maritime Insights & Intelligence Limited.

Lloyd's is the registered trademark of the Society Incorporated by the Lloyd's Act 1871 by the name of Lloyd's.