Category: Construction

New York Court Imposes Strict Construction on Additional Insureds in Construction – A New York Law Journal Article

The Law Offices of John Caravella, P.C. does not own this content. This content was created by Allen R. Wolff, Ethan W. Middlebrooks and Kathleen Gatti. This material was published to law . com. To view the full article, please click here. 

In recent years, insurance companies have successfully narrowed access to additional insured coverage through litigation and policy drafting. If you want to be an additional insured to OPI these days, then get your contracts right and make sure your insurance is right!

Continue reading “New York Court Imposes Strict Construction on Additional Insureds in Construction – A New York Law Journal Article”

Enforcement of New York Arbitration Awards

An arbitrator has ruled in your favor. What do you do now? In a perfect world, the other side would just pay you and be done with it, but we all know that this world is less than perfect, and you may find yourself having to enforce your arbitration award. Before you can avail yourself of the enforcement techniques that are provided by New York law, you’re going to have to follow some formalities. The following elements may be necessary for have your arbitration award ‘confirmed’ and seek collections.

Continue reading “Enforcement of New York Arbitration Awards”

Primary AIA Contract Documents

Last quarter, John Caravella was invited to speak at the AIA Contract Documents Workshop where he was able to share his knowledge about Construction Contract Interpretation and Fundamentals. In this specific article, we discuss the document types between different parties, to ensure the correct contract is being utilized for your specific type of work.

Continue reading “Primary AIA Contract Documents”

Funding Your Decarbonization Construction Project – A Long Island Business News Article

The Law Offices of John Caravella, P.C. does not own this content. This content was created by NYSERDA, and was published to the Long Island Business News.

Decarbonization requires considerable planning, with available funding playing a key role in determining the feasibility and prioritization of investments. While there’s no one size fits all approach, businesses and property owners will likely leverage a combination of upfront incentives, financing, and tax credits to achieve their decarbonization goals.


Continue reading “Funding Your Decarbonization Construction Project – A Long Island Business News Article”

Recovering from a Natural Disaster – What You Should Do

As we know, many of our neighbors are currently combating the harsh realities of post-disaster re-building. From hurricanes, earthquakes, wildfires, and tsunamis, we’ve come to know and understand the challenges that are faced when disasters like these occur. Luckily, in the United States, we have aid measures in place to help us recover from any such disaster. FEMA and the American Red Cross are two of the most common relief programs in the country.

Continue reading “Recovering from a Natural Disaster – What You Should Do”

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.

Continue reading “Nassau County Bar Association Offers Alternatives To Litigation”

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.

Continue reading “Legal Loopholes Foster Unethical Practices in Solar Energy Warranties”

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.

Continue reading “Homeowners Unable To Recover For Emotional Distress In Construction Disputes”

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]

Continue reading “The Prompt Payment Act: Is It At Odds With Public Policy?”

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.

Continue reading “Should Architects Be Exempt From Continuing Education?”