Open AccessUnder Construction: A Close Examination of Recent Construction Law Developments and Their Impact on the Oil and Gas Industry
Author(s) -
Kevin E. Barr,
Theron W. Davis
Publication year - 2019
Publication title -
alberta law review
Language(s) - English
Resource type - Journals
eISSN - 1925-8356
pISSN - 0002-4821
DOI - 10.29173/alr2581
Subject(s) - blueprint , arbitration , legislation , jurisprudence , law , order (exchange) , common law , procurement , energy law , construction industry , business , law and economics , political science , environmental law , economics , engineering , construction engineering , mechanical engineering , finance , marketing
This article surveys recent construction-related case law pertaining to the oil and gas sector, and examines how these decisions impact the law of bonding, tendering, liens, and arbitration. The authors review jurisprudence, legislation, and contractual language in these areas, and provide a critical analysis of the law in order to suggest improvements and anticipate future innovations. The authors also provide practical advice regarding mechanisms that owners, contractors, and subcontractors can employ to protect themselves from risks and uncertainties in contemporary construction law, with a view to avoiding disputes and if necessary, resolving them. This article serves both as an illustration of the structure of contemporary construction law as-built, and as a blueprint for those aspects of the law that are still under construction.