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American Bar Association




Construction project management generally proceeds through sequential stages of project conception, planning, site acquisition, design and construction. Traditionally, citizens and public officials have relied on various elements of American common law to prevent, abate or get compensation for injuries resulting from the final construction stage of project management. Common law concepts of nuisance, negligence and trespass have been applied by the courts to situations where essentially private rights have been infringed by debris, runoff, noise, vibrations, structural damage and other byproducts of the construction process. The common law has therefore indirectly served as an environmental control on construction activities in those few cases where assertion of private rights coincides with environmental protection. The concept of public nuisance has also been invoked infrequently by public officials to more directly protect environmental quality and community quality of life from the impacts of construction activities.'

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