In the world of construction and contracting, it is important to be aware of the law governing your daily activities. Law is usually not something people think about on a regular basis, but having an understanding of the law can help you avoid issues that can negatively impact your projects. KayBee Tech has a wealth of experience in engineering and project management. Our team understands the legal definitions and ramifications of the projects we handle. Take the term “prescribed by law” for instance. According to our featured article: The term “prescribed by law” is usually written into contracts, constitutions, internal policies, bylaws, or even trading rules of organizations such as the Australian Securities Exchange (ASX). It is essentially the determination of what is lawful, in accordance with the law, as ordered, or laid down by law. The word prescribed is a legal term that normally indicates the definition of a statement or rule, and is therefore subject to approval by law. The phrase prescribed by law is the broadest art or law can be expressed, and is generally considered as an alternative to established practices, and could mean things external as well. In summary, the term “prescribed by law” means that something is being determined or made rigorously by the law. A specific example of “prescribed by law” is that a mobile phone should not be used while driving “except where prescribed by law”. In other words, the law says certain things about mobile phones which affects how we drive. Lawyers and legal experts understand what things can be “prescribed by law”. Why is this important to an engineering or contracting company? For many, it is fairly obvious. If something is required to be “prescribed by law,” it means that it must comply with the law. On an operational level, this means avoiding fines or facing legal action for not adhering to a prescribed by law requirement. It also means ensuring that your projects are up to the standard expected by law, since this will ensure they are up to code. Ultimately, the words “prescribed by law” are meant to nudge people into avoiding bad behavior or shoddy work. It means that engaging in this behavior will land you in serious trouble.
How does this apply to engineering? In a number of ways. However, for purposes of establishing the importance of knowing the legal definitions of things you rely on every day, we’ll just note a few of the logical ways that “prescribed by law” can affect your construction or contracting business. Basically, any situation you find yourself in where the law is explained in a prescriptive manner – that is, “prescribed by law” – you will have boundaries to the types of actions that you can engage in. As a professional in the industry, you are expected to know what prescriptions the law has established and apply this to your daily work. Of course, it takes a significant amount of study to be fully up-to-date on the law and the implications for you and your business. This is why lawyers generally spend 3 years getting their undergraduate degree, another 3 years to get their law degree, and then usually another 3 years to work under the direction of another lawyer. In total, it is a 9-year commitment, and that is generally just to become a transactional lawyer (i.e. someone who does paperwork, like forming corporations and drafting contracts). On top of this, many lawyers spend anywhere from 5 to 20 hours every week doing continuing education, keeping up-to-date with cases and alterations in the law. There is a lot to know. Sometimes an education and practice is required before a legal term such as “prescribed by law” will actually mean something to you in your daily life. It’s not enough to just know about the law or remember past cases. You have to know the practical consequences – and the limitations – of how the law applies to you and your work. Good luck! And trust someone who knows the law to help you do your own job well.