Category: Construction

Nassau County Bar Association Offers Alternatives To Litigation

Construction disputes are not going away any time soon, so every contractor will eventually be faced with the prospect of deciding whether to go to court to get paid for its work. Litigation in the court system has been the traditional collection method for contractors, but the length and costs of litigation mean that recovering might take years and absorb a chunk of your recovery, and the backlog in the court system has led courts to encourage litigants to seek alternatives to litigation – other means of getting paid.

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Legal Loopholes Foster Unethical Practices in Solar Energy Warranties

John Caravella of The Law Offices of John Caravella, P.C. was invited to contribute to the September issue of the Nassau County Bar Association’s newsletter on his thoughts and comments surrounding unethical practices in Solar Energy Warranties. To read the full article, please visit the Nassau County Bar Association here.

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Homeowners Unable To Recover For Emotional Distress In Construction Disputes

Many homeowners who consult with me regarding construction disputes are not only financially damaged but emotionally distressed, and understandably so. Our homes are not only our biggest financial investments but our sanctuaries, and misconduct by unscrupulous contractors that damages those sanctuaries makes us feel that we have no place of safety and, in some instances, makes us worry that we may be homeless altogether. Thus, the question is often posed to me whether homeowners can collect damages for emotional distress that results from construction contract disputes, in addition to their economic damages.

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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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Should Architects Be Exempt From Continuing Education?

The New York Education Department, Office of the Professions, regulates the licensing of the various professions, such as Lawyers, Certified Public Accountants, Architects, and other professions practicing within the state. Typically these professionals must pass initial education and examination requirements, and are also required to maintain certain levels of continuing education units. These requirements are intended to foster continued education and training throughout their career.

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Deconstructing Building Trends on Long Island – A Long Island Business News Article

The Law Offices of John Caravella, P.C. does not own this content. This content was created by Jared Scot, and was published to the Long Island Business News on September 19th, 2024.  To view the full article, please click here. 

Long Island’s neighborhoods have been shaped by its many residents, whose lives have all contributed to the rich history of our area. Anchoring its vibrant communities is a sense of place provided by the Island’s towns and villages—a diverse array of homes, stores, offices and countless other buildings, each of which become indelible parts of our memories with their own, unique stories.

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Alternative Dispute Resolution An Option For Construction Contractors Under NY’S Prompt Payment Act

Perhaps the most common construction-related dispute is the refusal of a party to make payment to its contractors or subcontractors. While litigation is the traditional avenue for resolving such disputes, methods of alternative dispute resolution such as arbitration and mediation are enjoying growing importance in the field of construction law.

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So What Is an Improvement, Anyhow?

Under New York construction law, much emphasis is placed on the “improvement” of real property (real estate). Indeed reference to improvements are often found in New York construction contracts, and establishing an improvement is required for a contractor to establish a valid lien on a privately owned project. But what specifically are the ins and outs?

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Long Island Construction Employment Builds Strong – A Long Island Business News Article

The Law Offices of John Caravella, P.C. does not own this content. This content was created by David Winzelberg, and was published to the Long Island Business News. To view the full article, please click here: 

Construction employment on Long Island saw a year-over-year increase for the fifth month in a row in July, according to a new report from the Associated General Contractors of America. 

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Construction Defects in New York; Part 6 of 6 – Time Limits

This is a continuing article series on Construction Defects in New York, These include an introduction (part 1), design defects (part 2), defective construction (part 3), improper materials (part 4), improper installations (part 5) and finally important time limitations which apply to seeking legal action for defective construction in New York (part 6).

Although construction litigation can be complex and often requires expert testimony, one of the most complicated areas is simply determining the timeframe a party has to bring forth an action in New York.

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