Manner of construction: Overview, definition, and example

What is the manner of construction?

The manner of construction refers to the methods, techniques, and practices used during the building or construction process. This term covers the entire approach to designing, planning, and executing a construction project, from the materials used to the specific procedures followed by contractors and builders. The manner of construction typically involves compliance with applicable building codes, safety standards, environmental regulations, and project specifications to ensure that the construction is done properly, safely, and efficiently. It can also refer to the design philosophy and the execution style that guides how a project is built.

Why is the manner of construction important?

The manner of construction is important because it directly impacts the safety, durability, quality, and compliance of the finished structure. Proper construction methods ensure that the project meets legal and regulatory standards, minimizes risks, and delivers a structure that will stand the test of time. By adhering to well-established best practices and using the right materials, construction projects are more likely to be completed on time, within budget, and without costly defects or delays. Additionally, the manner of construction affects environmental sustainability, energy efficiency, and the overall aesthetic of the completed structure, which can influence its long-term value and usability.

Understanding the manner of construction through an example

Imagine a company contracting a construction firm to build a new office building. The project requires the construction firm to adhere to specific guidelines for the manner of construction:

  1. Materials: The building must be constructed using sustainable, energy-efficient materials, such as recycled steel, low-emission glass, and eco-friendly insulation.
  2. Techniques: The construction team must follow precise techniques for the building's foundation, ensuring it is anchored securely in accordance with local soil conditions and environmental factors.
  3. Regulations: The construction must comply with local building codes, including seismic safety standards, fire safety requirements, and accessibility features.
  4. Timeframe: The project must be completed within the set timeframe, requiring efficient management of labor and resources throughout the construction process.

By adhering to these construction practices and guidelines, the project meets its objectives for quality, safety, and sustainability.

Example of a manner of construction clause

Here’s how a manner of construction clause might appear in a construction contract:

“The Contractor agrees to carry out the construction of the project in accordance with the specifications outlined in this Agreement and in full compliance with all applicable local, state, and federal building codes, safety regulations, and environmental standards. The Contractor will use industry-standard materials and follow best practices to ensure that the structure is safe, durable, and energy-efficient. Any deviations from the specified manner of construction must be approved in writing by the Owner and the relevant authorities.”

Conclusion

The manner of construction is a critical element of any building or construction project. It determines how the project will be executed and ensures that the final structure is safe, reliable, and compliant with relevant laws and standards. By following the correct construction methods, using appropriate materials, and adhering to timelines, construction projects are more likely to be successful and provide lasting value. Whether building a home, a commercial building, or infrastructure, understanding and defining the manner of construction is essential for achieving the desired outcome and avoiding costly mistakes.


This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.