Common law is a set of legal principles that are derived from court decisions, rather than from statutes or constitutions. In construction, common law principles typically come into play when there is a dispute over the terms of a contract.
For example, if one party claims that the other party breached the contract, the court will look to case law to determine whether the alleged breach actually occurred. Common law principles can also be invoked when interpreting ambiguous contract terms. In such cases, the court will consider past rulings in similar cases to help determine the parties’ intentions.
While common law principles are not always easy to predict, they can provide important guidance in construction disputes. As a result, construction lawyers must have a thorough understanding of common law in order to effectively represent their clients’ interests.