Considerations When Hiring an Architect
Author: John Caravella
Who is Construction Law Attorney John Caravella, Esq?
As a dedicated and experienced Construction Law Attorney, I help Homeowners, Contractors, and Design Professionals with their legal needs in construction litigation and arbitration.
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Construction and Carbon Emissions: How an Industry Shaped by the Industrial Revolution Must Reimagine Its Future
Construction has always been a defining force in human progress. Cities rise, industries expand, and infrastructure binds societies together. Yet the evolution of construction—from hand-crafted masonry to steel-framed skylines—has carried a significant environmental cost. To understand why the built environment is responsible for nearly 40% of global carbon emissions today, it helps to look back at a turning point in history: the Industrial Revolution.
Important Considerations and Contract Clauses to Consider
On October 17th, John Caravella was invited to speak at the AIA Contract Document Workshop where he was able to share his knowledge about Construction Contract Interpretation and Fundamentals. In this specific article, we share Important Considerations and Contract Clauses to Consider, before signing the agreement.
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Pitfalls in Extending a Mechanic’s Lien on Residential Properties
A Lien (or ‘Mechanic’s Lien’) is a potentially powerful tool for contractors, architects, engineers, or suppliers of materials to secure payment for work performed ‘improving’ a property[1]. To properly ‘perfect’ a lien claim, however, strict compliance with the nuances of the New York lien law is required, and often times there are details in the process commonly overlooked.
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Construction Industry Challenges in Wage and Labor Violations
The minimum wage and overtime provisions under federal and New York law affect all employers, but contractors are further subject to an additional, unique wage scheme in the form of prevailing wages. To learn more, please download our complimentary article regarding New York Employment and Wage Law. Continue reading “Construction Industry Challenges in Wage and Labor Violations”
New York City Guidelines to Follow for Contractor Entrepreneurship
Unlike other counties or jurisdictions in the state of New York, “The City” has some of the most detail focused guidelines to follow in order to become a construction or design professional. The New York City Department of Buildings was founded in 1892, a few years after America’s Industrial Revolution. However, there are records of some sort of city responsibility for the construction of buildings as early as the 17th century.
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Primer on Mechanic’s Lien Waivers
Regardless of whether a construction project is residential or commercial, general contractors are expected to guard owners against mechanic’s lien claims by subcontractors. Under Lien Law Section 34, it is illegal for your contracts to provide that subcontractors or suppliers waive their mechanic’s lien rights altogether. Thus, the only way to limit mechanic’s lien claims is for your subcontractors and suppliers to execute mechanic’s lien waivers in connection with payments.
Homeowner Court Ruling Serves as a Reminder to New York Contractors
A recent ruling issued by the Supreme Court, County of Nassau, serves as a reminder to New York contractors performing residential work of the importance and necessity in having a home improvement license if you need legal action to pursue payment on the project.
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Recent New York Litigation Highlights Increasing Risks to Contractors
Construction contracts require contractors and subcontractors to carry commercial general liability, or CGL, insurance and to name not only the contracting parties but additional third parties, such as project owners, as additional insured. Recent commercial general liability litigation, however, suggests that contractors and subcontractors should review the language of their CGL policies carefully because third parties to the contract, even if they are contractually required to be additionally insured, may actually be excluded by the insurance policies.
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