Few topics in construction law are more controversial than Labor Law Section 240, better known as the Scaffold Law, which imposes absolute liability on contractors, property owners, and their agents for elevation-related injuries to construction workers. The number of Scaffold Law cases has increased by 500% since 1990.[1]
Continue reading “Scaffold Law Claims Against Contractors Continue To Increase”
Like the strings of a marionette puppet, after the completion of a New York construction project, there are various legal theories that serve as ties between the builder and the owner. For the builder, the sooner these lingering ties can be removed the less exposure they face for claims of defects. For the owners, the longer they are able to establish these connections, the longer they may have legal recourse against the builder for defects.
The Law Offices of John Caravella, P.C. does not own this content. This content was created by Facility Executive and was published on 1-4-2024. To view the full article, please click here.
For the first time ever, New York has earned the top spot on the U.S. Green Building Council’s (USGBC) annual list of Top 10 States for LEED. New York earned its number-one ranking based on LEED-certified gross square footage per capita over the past year, which led the country in green building. New York totaled 201 newly LEED-certified projects in 2023 that encompassed more than 93 million square feet, equating to nearly 4.6 LEED-certified square feet per resident. Continue reading “New York Leads 2023 Top 10 States For Green Building and Construction – A Facility Executive Article”
Construction contracts in New York often place the architect or engineer in the additional role of an initial impartial decider as to any disagreement or disputes between the contractor and the owner, in addition to their roles as the design professionals.
Continue reading “Contractors in New York may not be bound by Architect Certifications”
John Caravella, Esq. of The Law Offices of John Caravella, P.C. will be one of three presenters at the Nassau County Bar Association Construction Law Committee’s seminar, next in its series of presentations addressing issues in the field of Construction Law.
On December 18, 2012, at 12:30 pm, the Construction Law Committee in the Founders Room at the Home of the Association, will present Deconstructing the Construction Contract.
In a nutshell, the “economic loss rule” is a rule that courts use to prevent a plaintiff from against a defendant for a tort (usually negligence) when the essence of the claim is for failure to live up to the terms of a contract.
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 on June 7th, 2024. To view the full article, please click here.
To minimize potential legal problems when planning construction, whether the project is a large commercial project, a new residence, or even a renovation to an existing structure, care must be taken to have essential terms included in the contract. The failure to identify essential terms in the construction contract will lead to project confusion, extended completion time and expenses, as well as raise the likelihood of a future legal dispute. Below are several terms to consider in any construction contract:
Continue reading “Considerations for Drafting Construction Contracts”
Any property owner considering construction work will want reassurance that the work will be done well, and will be free of defects for a specified time frame. Many contractors even include a warranty clause in their contract. Such warranties (also called guarantees) require the contractor to correct any defects through additional work on the project over the specified time. What are some of the specific factors within Construction Warranties?
Continue reading “Construction Warranties in New York. Sometimes Less is More.”
The adage that you can not get blood from a stone may have its place in the rationale of New York Lien Law. Not that you will find this term included in any of the sections of the law, but this concept of reality is reflected in the hierarchy, structure, and availability of funds in the occurrence of a construction dispute.
Continue reading “Subcontractor Challenges under the New York Lien Law”
The Law Offices of John Caravella, P.C. offers a free initial consultation with a Long Island construction attorney to discuss your legal concerns with no obligation. To schedule an appointment, call our office today or fill out the form below.
