Construction Law Blog

Challenging Construction Arbitration Awards in New York

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.

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Contract Terminology and Interpretation

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.

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Two States, One Legal Issue

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.

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Construction Law 101

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.

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Insights from a Construction Litigation Attorney About Arbitration Pros and Cons for Homeowners and Unlicensed Contractors

 

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.

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The Legal Risks of Hiring an Unlicensed Contractor or Architect in New York & Florida

Hiring someone because they’re “cheaper” or available right now can feel tempting — but when that person is unlicensed, the short-term savings often turn into long-term headaches: safety risks, uninsured losses, voided permits or insurance coverage, civil and criminal penalties, and even federal exposure in some cases. Below is an explanation of the major risks for homeowners and project owners in New York and Florida, the state-level penalties, when the conduct can escalate into fraud or federal crimes, and practical steps to protect yourself.

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Construction Contract Document Conflict

Given the large number and variety of documents required to administer a construction project today (plans, specifications, contracts, etc.), the likelihood of discrepancies arising between these different sources is almost unavoidable.

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Commissioner’s Regulations in Architecture

Though an architect is responsible for designs and drawings, they also play a part in structural safety. Whether building single-family homes or a large corporate building, a professional in the architectural industry must have the proper education and experience to practice. This article about the commissioner’s regulations in architecture was presented by John Caravella during the “Design Professionals in New York” speaking engagement produced by HalfMoon Seminars.

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5 Reasons that may Justify the Termination of your Construction Agreement

When homeowners are ready to get the ball rolling with their new construction project, excitement and happy emotions usually take over when signing the construction agreement. With that said, however, there is an important relationship from start through final completion with your contractor, and significant issues could develop. When advising in breach of contract and contract termination cases, there are five examples all homeowners should look out for before pulling the trigger, that may justify your agreements termination. Continue reading “5 Reasons that may Justify the Termination of your Construction Agreement”

Holiday Decoration Safety, Insurance Pitfalls, and What To Do If a Fire Happens

Holiday decorations make homes warm and festive — but they also increase the risk of fire, electric shock, and property damage. From overloaded outlets and frayed light strings to unattended candles and dry Christmas trees, many seasonal hazards are preventable.

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Get an Experienced Construction Litigation and Arbitration Firm Fighting for You!

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.