Category: Construction litigation

Why Homeowners are Vulnerable When Hiring an Unlicensed Contractor

Managing a budget is generally a high priority on a homeowner’s list when beginning a home improvement project.  Unfortunately, many homeowners make the mistake of saving money by hiring an unlicensed contractor.  Although it may seem to be the more attractive, less expensive option, hiring an unlicensed contractor to save some money could be very problematic, leading to long-term negative financial effects or legal consequences.  This is due to the fact that there is no guarantee that an unlicensed contractor will have the necessary insurance policies in place to protect your property, themselves, their workers, and any other damages that may arise from their construction work.

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Commissioner’s Regulations in Architecture

Though an architect is responsible for designs and drawings, they also play a part in structural safety. Whether building single-family homes or a large corporate building, a professional in the architectural industry must have the proper education and experience to practice. This article about the commissioner’s regulations in architecture was presented by John Caravella during the “Design Professionals in New York” speaking engagement produced by HalfMoon Seminars.

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5 Reasons that may Justify the Termination of your Construction Agreement

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”

The Prompt Payment Act: Is It At Odds With Public Policy?

Is the prompt payment act at odds with public policy? In both general litigation and construction litigation, courts generally give parties great freedom to contract. Thus, New York’s policy is to enforce arbitration agreements in construction contracts.[i] Conversely, New York courts do not usually force parties into arbitration unless their contract expressly requires it.[ii]

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Standards of Care Within A Construction Agreement: When You No Longer Trust Your Fiduciary.

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?

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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.

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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.

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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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Protecting Yourself from Usury and Racketeering in Construction

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?

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