When it comes to a complex construction agreement, it’s typical practice to include specific terms within the contract relating to Trust and Confidence, and Fiduciary duties. Normally, a Fiduciary takes action as a trustee within the contract or agreement and are chosen to act on behalf of their client and make decisions for them when needed. With that said, what happens if you can no longer trust your trustee?
Category: Construction liability
Your Contractor Abandoned Your Project – Now What?
Have you ever hired a contractor who disappeared on you? Were you left with a half-completed home improvement project, with feelings of despair and frustration and not a clue as to what your next steps should be? You’re left with unused materials, shortage of capital, and a literal construction site in your home. Unfortunately, this happens to homeowners who hire both licensed and unlicensed contractors more often than you would think. However, there is recourse available. Below we discuss the steps that you can take and actions that you can pursue when your contractor abandoned your project before the construction is completed.
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Understanding Roles and Relationships of Construction Project Participants. Who Does What?
On October 17th, John Caravella was invited to speak at the AIA Contract Document Workshop where he was able to share his knowledge about Construction Contract Interpretation and Fundamentals. In this specific article, we share the Roles and Relationships of Construction Project Participants. This way, we can fully understand who really does what on a construction job site.
Hiring a Contractor: Top 3 Things Every Homeowner Needs To Verify
Time and time again, homeowners hire fraudulent contractors without knowing so. There are many instances where the homeowner will hire a contractor without really knowing what they’re all about. Usually out of excitement, or desperation to complete unfinished work, homeowners will too often hire their contractor based off an estimate, without digging deeper as to the insurance status or legitimacy of the contractor’s business. With that said, what are the top 3 things every homeowner needs to verify before hiring a contractor and signing the contract? Continue reading “Hiring a Contractor: Top 3 Things Every Homeowner Needs To Verify”
Top 5 Tips for New York Residential Contractors
Often times in discussions with contractors, I hear many of the same types of issues repeat themselves, and from the perspective of counsel, quite preventable. While not every potential problem on a project can be determined upfront, keeping the following 5 tips for contractors in mind might be helpful in preventing problems, improving business practices, and effectively managing risks.
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Contractor Scaffold Law Liability
Much construction litigation arises from disputes over Scaffold Law liability. Simply, the Scaffold Law makes certain contractors and project owners liable for injuries to workers on construction sites. The Scaffold Law has been criticized for the burdens it imposes on contractors and owners and for allowing workers to collect even if they have ignored safety rules.
Complying with the Rules and Regulations on the Practice of Architecture; Part 2 of 2 – Disciplinary Actions and Revocation of your Architectural License.
This is a continuing article series regarding Compliance with the Rules and Regulations on the Practice of Architecture. These include two topics, Requirements & Duties of Maintaining your Architectural License (Part 1), and Disciplinary Actions and Revocation of your Architectural License (Part 2). Continue reading “Complying with the Rules and Regulations on the Practice of Architecture; Part 2 of 2 – Disciplinary Actions and Revocation of your Architectural License.”
Complying with the Rules and Regulations on the Practice of Architecture; Part 1 of 2 – Requirements & Duties of Maintaining your Architectural License.
This is a continuing article series regarding Compliance with the Rules and Regulations on the Practice of Architecture. These include two topics, Requirements & Duties of Maintaining your Architectural License (Part 1), and Disciplinary Actions and Revocation of your Architectural License (Part 2).
Construction Plans and Architectural Designs
It’s one thing to say what you want in your construction project, but it is another thing to properly document your dream design on paper in the form of legitimate construction plans. Within this article, you will have a better understanding of what is included in detailed construction plans, as well as the understanding of common symbols used in the architectural industry. Whether you are a project owner or contractor, always remember your construction drawings take precedence over performance specifications in the state of New York.
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Understanding the Importance of Building Permits
What do you need a building permit for? This is one of the most common questions regarding construction. Building permits are both important and necessary and the failure to obtain one can cause major obstacles down the road. Building permits are needed whenever a homeowner is altering or expanding their current home, installing a swimming pool, deck, shed or more. Building permits are more important than you think, and here’s why!
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