Category: construction owners

Architectural Hierarchy 101

When you are working on a renovation project or building a home from the ground up, it is not just one person pulling the strings and leading the operation, learn the architectural hierarchy.  Behind every architectural firm is a small army of individuals with specific roles and responsibilities to make your dream a reality. Within this article, we will share the chain of command within an architectural firm. To learn what you should be looking for when hiring such architects, please review our blog posting titled “Considerations When Hiring an Architect” below.

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Long Island Construction Law Obtains Contractor Victory in Wrongful Termination

What does Long Island construction law say about terminating construction agreements? Despite the increasingly common use of arbitration in construction agreements, the New York Supreme Court has clarified that owners cannot terminate their construction agreement and fail to follow requirements for termination without repercussions. A recent pre-arbitration victory by John Caravella, Esq. confirms that the court unwilling to waive terms contained for termination and remedial efforts post termination to cure will not suffice to transform a wrongful termination into a termination for cause.

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What is a Mechanics Lien, and How Can It Affect Your Construction Experience?

We all know what a lien is. Depending on which side of the claim you’re on, a lien could be a good thing or a bad thing. According to Black’s Law Dictionary, the true definition of a lien is “a claim, encumbrance, or charge on property for payment of some debt, obligation or duty”. So, how is a Mechanics Lien any different?

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Legal Issues for New York Architects; Part 6 of 6 – Building Code Update

This is a continuing article series regarding Legal Issues for New York Architects. Originally presented by John Caravella, of the Law Offices of John Caravella, and Kimberly A. Steele of The Steele Law Firm and produced by HalfMoon Education Seminars, this presentation touches on the following topics, Complying with the Rules and Regulations on the Practice of Architecture (Part 1), Complying with New York Rules on Unprofessional Conduct (Part 2), Understanding and Complying with Barrier-Free Requirements (Part 3), Design and Construction Contract Law and Administration (Part 4), Understanding and Complying with the law on Design Professional Service Corporations (Part 5) and Building Code Updates (Part 6). Each series of topics discuss informative summaries of Legal Issues for New York Architects.

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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.

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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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Contract Terminology and Interpretation

Construction contracts could be challenging and difficult to read but learning the basic terms can really make a difference. 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 simplified definitions of commonly used words within a construction agreement as well as exploring the law of Construction Contract Interpretation.

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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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