Construction law as an example of interaction between law and governance

The development of construction law as a “functional “part of law shows various examples of an interaction between rules stemming from private initiatives and government regulation. In this respect one can say that governance and the expending rules of regulation of construction by government authorities are two sides of the same issue.

Zoning law and technical building regulations are developed when the government recognized that private ruling was insufficient and/or did not guarantee a minimum standard of quality and safety.

Regulation of the process of tendering was enacted (mainly under the influence of European law) to guarantee free competition in the construction market

Regulation of building contracts is mainly enacted by private organizations; therefore in this field rules of governance are in practice at least as important as the regulation in the Civil Code.

The working paper 'Construction law as an example of interaction between law and governance' can be found here.