The traditional maxim of “let the buyer beware” is softened in the context of Article 36-B of the New York General Business Law, which imposes a warranty in favor of the buyers of new homes and holds construction contractors to a standard of skilled workmanship.
Traditionally, New York Construction Law sets separate rules of engagement for public projects (where the owner is a public entity) and those that are private construction projects (where the owner is a private individual or corporation). Given these two distinct camps, it has been easy to classify a project as either a public project or a private one. For contractors, subcontractors and suppliers, knowing which rules of engagement pertain to them is essential to avoid making costly mistakes.
Continue reading “Blending of Public and Private Construction – Proceed With Caution”
The Law Offices of John Caravella, P.C. does not own this content. This content was created by Allen R. Wolff, Ethan W. Middlebrooks and Kathleen Gatti. This material was published to law . com. To view the full article, please click here.
In recent years, insurance companies have successfully narrowed access to additional insured coverage through litigation and policy drafting. If you want to be an additional insured to OPI these days, then get your contracts right and make sure your insurance is right!
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”
An arbitrator has ruled in your favor. What do you do now? In a perfect world, the other side would just pay you and be done with it, but we all know that this world is less than perfect, and you may find yourself having to enforce your arbitration award. Before you can avail yourself of the enforcement techniques that are provided by New York law, you’re going to have to follow some formalities. The following elements may be necessary for have your arbitration award ‘confirmed’ and seek collections.
Continue reading “Enforcement of New York Arbitration Awards”
Last quarter, John Caravella was invited to speak at the AIA Contract Documents Workshop where he was able to share his knowledge about Construction Contract Interpretation and Fundamentals. In this specific article, we discuss the document types between different parties, to ensure the correct contract is being utilized for your specific type of work.
The Law Offices of John Caravella, P.C. does not own this content. This content was created by NYSERDA, and was published to the Long Island Business News.
Decarbonization requires considerable planning, with available funding playing a key role in determining the feasibility and prioritization of investments. While there’s no one size fits all approach, businesses and property owners will likely leverage a combination of upfront incentives, financing, and tax credits to achieve their decarbonization goals.
As we know, many of our neighbors are currently combating the harsh realities of post-disaster re-building. From hurricanes, earthquakes, wildfires, and tsunamis, we’ve come to know and understand the challenges that are faced when disasters like these occur. Luckily, in the United States, we have aid measures in place to help us recover from any such disaster. FEMA and the American Red Cross are two of the most common relief programs in the country.
Continue reading “Recovering from a Natural Disaster – What You Should Do”
Construction disputes are not going away any time soon, so every contractor will eventually be faced with the prospect of deciding whether to go to court to get paid for its work. Litigation in the court system has been the traditional collection method for contractors, but the length and costs of litigation mean that recovering might take years and absorb a chunk of your recovery, and the backlog in the court system has led courts to encourage litigants to seek alternatives to litigation – other means of getting paid.
Continue reading “Nassau County Bar Association Offers Alternatives To Litigation”
John Caravella of The Law Offices of John Caravella, P.C. was invited to contribute to the September issue of the Nassau County Bar Association’s newsletter on his thoughts and comments surrounding unethical practices in Solar Energy Warranties. To read the full article, please visit the Nassau County Bar Association here.
Continue reading “Legal Loopholes Foster Unethical Practices in Solar Energy Warranties”
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.
