General Business Law Section 756 (and the sections that follow it), commonly known as the Prompt Payment Act, establish requirements for how soon a construction contractor or subcontractor must be paid and allow expedited arbitration in the event that prompt payment is not made for qualifying projects.
Continue reading “Violation of the New York Prompt Payment Act Does Not Bar Defenses”
Construction is fraught with countless risks, from weather conditions, labor strikes, material unavailability, subsurface conditions, and inaccurate plans and specifications, among others. Each has the potential to delay the project, cause increased completion costs, and increase the likelihood of disputes, liens, and litigation.
Continue reading “Top 7 Owner Risks in New York Construction Contracts”
From individual homeowners embarking on renovations to large-scale developers breaking ground on new communities, the increased cost of wood is having a profound and multifaceted impact across the United States. Understanding the factors driving these high prices, the region’s most acutely affected by shortages, and the intricate supply chains that bring lumber to our construction sites is crucial to navigating this evolving landscape.
Continue reading “How Lumber Costs are Shaping the US Construction Landscape”
Construction can play a crucial role in combating the impacts of rising sea levels in New York City and surrounding areas through a variety of innovative techniques and resilient building practices. These strategies aim to protect existing infrastructure, create new developments that are more resistant to flooding, and enhance the natural defenses of the coastline.
Continue reading “How Construction can Protect New Yorker’s from Rising Sea Levels”
Defective construction exists throughout all construction projects, and it is likely no construction project is ever completed perfectly. In New York construction, however, perfection is not the legal standard work is required to achieve.
Solar energy is revolutionizing the construction and architectural industries in both New York State and Florida, offering sustainable solutions that enhance efficiency, reduce costs, and promote environmental responsibility. As these states push toward greener initiatives, solar power is becoming a key component in modern building designs, reshaping urban landscapes and construction methodologies.
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. Do you know how these documents rate in terms of their authority?
Continue reading “Are We On The Same Page? How Construction Document Conflicts Are Resolved”
New York State, a powerhouse of construction and development, presents a complex landscape for funding and lending. Ensuring compliance with both federal and state regulations is crucial for project success and financial stability. This article delves into the intricacies of construction funding and lending in New York, highlighting key consumer protection terms, mitigation banking risks, funding agreement principles, and relevant regulatory frameworks.
Continue reading “Navigating New York’s Construction Funding & Lending Compliance”
Architects in New York can be found liable for damages in various situations, depending on who claims damage, and the basis of the claim itself. For example, where an owner has a direct contract with the architect, the owner could bring forth a simple claim based on the contract or a claim based on a tort action. Such a tort action, based on negligence, is a claim for malpractice.
Continue reading “The Top 5 Avenues of Architect Liability in New York”
Whenever we hear the terms Usury and Racketeering, we think of two things, organized crime, and the RICO Act. But did you know that these two terms are very common within the New York Construction industry? Whether you are a homeowner, a contractor or a commercial business owner, usury and racketeering come in many different shapes and sizes. What are the types of Construction Usury, and how can we protect ourselves?
Continue reading “Protecting Yourself from Usury and Racketeering in Construction”
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.
