Author: John Caravella

The Risks of Hiring Non-Local Subcontractors or Suppliers

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.

Continue reading “The Risks of Hiring Non-Local Subcontractors or Suppliers”

Punitive Damages Claims in New York Construction Contract Disputes

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).

Continue reading “Punitive Damages Claims in New York Construction Contract Disputes”

Recent New York Litigation Highlights Increasing Risks to Contractors

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.

Continue reading “Recent New York Litigation Highlights Increasing Risks to Contractors”

Construction Industry Challenges in Wage and Labor Violations

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”

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.

Continue reading “Challenging Construction Arbitration Awards in New York”

When is Lawyer Representation Truly Necessary?

Are you about to start a construction project and wondering whether hiring a Construction Lawyer is a necessary expense to add to your budget?  Wondering whether lawyers are recommended on large projects from start to finish or should lawyers be on the back burner until called upon?  Hiring a Construction Lawyer prior to beginning a construction project may become essential to protecting your rights, assets, and property, if (or when) faced with a defective construction project, an absent construction crew, or even a non-paying property owner.

Continue reading “When is Lawyer Representation Truly Necessary?”

Building Deconstruction, Reuse Would Benefit NYS Jobs and Climate – Cornell Chronicle

The Law Offices of John Caravella, P.C. does not own this content. This content was created by the Cornell Chronicle (James Dean), and was published on October 3rd, 2024. To view the full article, please click here. 

Shifting from wasteful demolition practices to a circular construction economy in New York state could unlock unrealized economic activity, create thousands of green jobs and advance ambitious climate goals – while reducing pressure on landfills, Cornell experts report in a new white paper that aims to inform proposed state legislation.

Continue reading “Building Deconstruction, Reuse Would Benefit NYS Jobs and Climate – Cornell Chronicle”

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.

Continue reading “Construction Law 101”

Homeowner Court Ruling Serves as a Reminder to New York Contractors

A recent ruling issued by the Supreme Court, County of Nassau, serves as a reminder to New York contractors performing residential work of the importance and necessity in having a home improvement license if you need legal action to pursue payment on the project.

Continue reading “Homeowner Court Ruling Serves as a Reminder to New York Contractors”

Is your Construction Site up to Safety Standards?

Working too quickly to meet a completion deadline, running to the opposite side of the construction site, or even failing to pay attention to safety standards can all be fatal on a construction site. It is crucial – and lifesaving – to understand and know the safety measures that you must take to protect yourself and others on any given job site. In this article, we will discuss the fundamentals of construction site safety.

Continue reading “Is your Construction Site up to Safety Standards?”