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.
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.
Continue reading “Homeowner Court Ruling Serves as a Reminder to New York 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.
Continue reading “Recent New York Litigation Highlights Increasing Risks to Contractors”
On October 17th, 2019 John Caravella, a Long Island Construction Attorney, will be speaking at the AIA Contract Document Workshop located in Ronkonkoma, New York. Held and organized by Halfmoon Education Incorporated, the AIA Contract Document Workshop will analyze most common AIA contract documents and ways to use them. Specifically, this seminar will cover the examination of primary AIA Contract documents and General Conditions, learning about supplemental or alternate AIA contract documents, reviewing contract fundamentals, agreements between owner, architect, designer-builder and construction manager and evaluating completed contract documents for sample projects.
Working too quickly to meet a completion deadline, running to the opposite side of the construction site, or even failing to pay attention to safety standards can all be fatal on a construction site. It is crucial – and lifesaving – to understand and know the safety measures that you must take to protect yourself and others on any given job site. In this article, we will discuss the fundamentals of construction site safety.
Continue reading “Is your Construction Site up to Safety Standards?”
Arbitration is an established alternative to court litigation in construction disputes. Challenging an unfavorable construction arbitration award is so difficult that homeowners may wish to give serious thought before submitting their disputes with contractors to arbitration. Courts give great deference to the decisions of arbitrators, refusing to review arbitration awards even for errors of law or fact.[1] There are few exceptions to this rule, and courts only invoke them in rare circumstances.
Continue reading “Challenging Construction Arbitration Awards in New York”
Construction contracts could be challenging and difficult to read but learning the basic terms can really make a difference. 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 simplified definitions of commonly used words within a construction agreement as well as exploring the law of Construction Contract Interpretation.
Homeowners and property developers often look beyond state lines when hiring contractors or architects. Sometimes it is due to cost, availability, specialized expertise, or a trusted referral. But when a project involves parties from different states—such as a homeowner in Florida hiring a contractor based in New York—legal complications can arise quickly. One of the most common questions is: “I live in one state, my contractor is in another, and now I have legal challenges. How do I proceed? Which state’s laws apply?” Understanding jurisdiction, licensing rules, contract terms, and dispute-resolution options is crucial before taking the next step.
Law has an impact on almost all aspects of life, from personal injury, family disputes, and real estate. Construction Law in particular has a far-reaching effect on many people’s lives without them even realizing. To begin with, Construction Law is made up of a broad subset of legal fields, including areas such as contract law, real estate law, administrative law, environmental law, regulatory, and insurance. Construction Law is a segment of law that works with specific industries such as construction, architecture, engineering, and more. Under the construction law umbrella, many construction issues consist of contract creation and negotiation, sureties and bonds, construction claims and defects, employment laws, and even business tune-ups. Within this article, we will specify the areas that are most common in the construction law segment, along with special areas you might not have thought of.
It is an all-too-common situation in New York: homeowners hire a home improvement contractor only to find out, after a contract dispute arises, that the contractor was unlicensed in violation of local ordinances. While court decisions in these disputes have generally gone in favor of homeowners, a body of case law suggests that the results are by no means so favorable to homeowners when arbitration awards to unlicensed home improvement contractors come up for review. In those cases, the deference of courts to the decisions of a construction litigation attorney creates tension with the public policy of protecting homeowners from unlicensed contractors.
The Law Offices of John Caravella, P.C. offers a free initial consultation with a Long Island construction attorney to discuss your legal concerns with no obligation. To schedule an appointment, call our office today or fill out the form below.
