The Supreme Court, New York County, recently clarified the impact of contractual language specifying litigation as the forum for resolution in the subcontract, and impact of New York’s Prompt Payment, providing for arbitration of disputes where it applies.
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As a dedicated and experienced Construction Law Attorney, I help Homeowners, Contractors, and Design Professionals with their legal needs in construction litigation and arbitration.
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New York – New York City Mayor Eric Adams today announced two Project Labor Agreements (PLAs) with the Building & Construction Trades Council of Greater New York (BCTC) that will cover more than $1 billion in construction projects throughout the term of the agreements, including generational infrastructure improvements in Willets Point.
Everybody loves an exciting renovation project. Whether it’s finishing floors, replacing drywall, or even as simple as painting the walls. When it comes to such projects, there will be debris left behind. Construction waste is any “trash” on a job site from leftover materials. Some of these materials could contain harmful chemicals such as lead, mercury, asbestos and even live wires and sharp, dangerous objects. Discarding and eliminating leftover construction waste properly is extremely important for your safety, and even the surrounding environment. Construction waste comes in many different forms. The most common forms are listed below.
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For contractors and subcontractors in New York, Mechanic’s Lien Waivers are a part of life, but the potential risks to the contractor in waiving more than intended or understanding of the terms are not always as common. Owners (and often their lender) require that the project be kept lien free through progression of the work to final completion.
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As New York’s construction sites rise high and reach wide, there’s an equally expansive commitment to safety. Technology and online learning are at the forefront of this evolution, reshaping how the industry ensures worker safety and keeps up with ever-changing regulations. The marriage of safety protocols, online training courses, and tech advancements is giving construction companies new tools to protect workers and avoid costly mistakes. Let’s discover the ways that safety, online classes, and technology intersect in the construction world.
Hiring a non-local subcontractor can lead to unanticipated issues for a contractor that otherwise could have been avoided if a local sub or supplier were hired instead. Additionally, events that would ordinarily not seem to be an issue when using a local subcontractor, such as arranging an in-person meeting, have the potential to become much more complicated when trying to coordinate with an non-local subcontractor or supplier. Keep reading for some important risks that homeowners and contractors should be aware of if contemplating hiring a non-local subcontractor or supplier.
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One topic that came up in my practice recently was a contractor’s potential exposure to liability for punitive damages under New York law. As the name suggests, punitive damages are awarded above and beyond their contract or property damages, ‘where the wrong done was aggravated by circumstances of violence, oppression, malice, fraud, … on the part of the defendant, and are intended to address the plaintiff’s mental anguish or other aggravation, to punish the defendant for its behavior.’ Black’s Law Dictionary 390 (6th Ed. 1991).
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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.
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The minimum wage and overtime provisions under federal and New York law affect all employers, but contractors are further subject to an additional, unique wage scheme in the form of prevailing wages. To learn more, please download our complimentary article regarding New York Employment and Wage Law. Continue reading “Construction Industry Challenges in Wage and Labor Violations”
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.
