Construction Law Blog

Author: John Caravella

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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Top 3 New Construction Arbitration Rules That Expand Powers and Challenge Assumptions

When it comes to construction contracts, arbitration and mediation (Alternate Dispute Resolution) are both commonly specified for out of court dispute resolution.  The use of mediation and arbitration in construction contracts, both for small and large construction, has been increasingly common over the past decade.

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Why Homeowners are Vulnerable When Hiring an Unlicensed Contractor

Managing a budget is generally a high priority on a homeowner’s list when beginning a home improvement project.  Unfortunately, many homeowners make the mistake of saving money by hiring an unlicensed contractor.  Although it may seem to be the more attractive, less expensive option, hiring an unlicensed contractor to save some money could be very problematic, leading to long-term negative financial effects or legal consequences.  This is due to the fact that there is no guarantee that an unlicensed contractor will have the necessary insurance policies in place to protect your property, themselves, their workers, and any other damages that may arise from their construction work.

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The Constitutional and Economic Implications of Electric Mandates in New York Buildings

New York’s recent decision to ban natural gas in many new construction projects has sparked a heated debate. Originally designed as a bold climate policy, the gas ban is now paused, with critics arguing it is both impractical and unconstitutional. Here’s a breakdown of the situation: why the ban is on hold, the legal challenges it faces, and why some consider it unconstitutional.

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Holiday Safety Measures For Your Home

Though the holiday season represents happiness and channeling positive energy for the New Year, unfortunate events can happen without expecting they will. Did it ever occur to you that your favorite decorations such as twinkling lights and evergreen scented candles could become dangerous? Below are five important steps to ensure your decorations are a success and not a mess. For more information about the United States Fire Administration, please click here. 

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Construction Warranty vs. Statute of Limitations Between Builder and Owner

Like the strings of a marionette puppet, after the completion of a New York construction project there are various legal theories that serve as ties between the builder and the owner. For the builder, the sooner these lingering ties can be removed the less exposure they face for claims of defects. For the owners, the longer they are able to establish these connections the longer they may have legal recourse against the builder for defects, should that be necessary.

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5 Reasons to Consider Arbitration for your Construction Disputes

In a recent client conference, I was asked, “So what is arbitration, anyhow?” In the context of a construction claim or in seeking to prevent a construction claim, there are several significant advantages that arbitration can provide in lieu of litigation. In today’s challenging business environment being aware of the various options available could make a significant impact on your business.

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Construction Rules and Limits across Long Island’s 13 Townships

Long Island’s local rules for building — setbacks, height limits, lot coverage, septic/sewer requirements, special-use reviews, and permit procedures — vary town-by-town. If you’re planning work anywhere on Long Island, you must check the specific town code and speak with the local building or planning department before breaking ground. Below is a concise, town-by-town rundown of the 13 towns that make up Long Island (Nassau County: Hempstead, North Hempstead, Oyster Bay; Suffolk County: Babylon, Brookhaven, East Hampton, Huntington, Islip, Riverhead, Shelter Island, Smithtown, Southampton, Southold) with the most important construction constraints and where to verify rules. Each town paragraph cites the town code or official planning/building pages you’ll want to read.

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Holiday Season Home Safety: Essential Tips and Key Statistics

November, December, and January are one of the busiest, and family-oriented months for Americans. During this time, we celebrate Thanksgiving, Christmas, Hanukah, and New Year’s Eve. With that said, these holidays and their celebratory months come with endless cooking, roaring fireplaces, candles, and decorative lights. According to the U.S. Fire Administration, the leading causes of house fires are Cooking, Heating, and Electrical Malfunctions. The U.S. Fire Administration also states that months from November – March are most prone to house fires. Coincidence? or Carelessness?

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