Construction Law Blog

Construction Law Blog

What’s New in New York Construction? – October 2025

New York’s construction industry continues to evolve under the weight of regulation, sustainability mandates, and shifting workforce demographics. This month’s key developments highlight the ongoing impact of the state’s Scaffold Law, new challenges tied to the all-electric building mandate, and persistent pay disparities among women in construction. Together, these stories illustrate how legislation, infrastructure, and labor equity intersect to shape the future of building in New York.

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A Deep Dive into OSHA’s Updated Hazard Communication Standard

A major overhaul is coming to the Occupational Safety and Health Administration’s (OSHA) Hazard Communication Standard (HCS) in 2025. These updates are meant to align the U.S. with the Globally Harmonized System of Classification and Labelling of Chemicals (GHS) Revision 7, a global system for chemical safety. While the core purpose of HCS—ensuring workers are informed about chemical hazards—remains, the new rules introduce significant changes to labeling, Safety Data Sheets (SDSs), and hazard classification. Staying ahead of these changes is critical to avoiding costly penalties, reducing workplace risks, and ensuring a smooth transition.

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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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Seawalls and Living Infrastructure Along America’s Eastern Seaboard

As climate change accelerates sea-level rise and intensifies coastal storms, communities along the Eastern Seaboard—from Florida to New England—are investing in seawalls and exploring innovative alternatives like living seawalls. These structures are not just engineering feats; they represent a critical intersection of climate adaptation, sustainability, and urban planning. Continue reading “Seawalls and Living Infrastructure Along America’s Eastern Seaboard”

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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Construction Defects in New York; Part 5 of 6 – Improper Installation

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).

Construction defects relating to materials can also be based on their installation. If products are installed incorrectly this can result in an unacceptable condition to the project owner.

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Construction Defects in New York; Part 4 of 6 – Improper Materials

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).

Even where designs are to the correct level of competency and the construction has been performed with due diligence and care, problems may still arise on a project.

Continue reading “Construction Defects in New York; Part 4 of 6 – Improper Materials”

Construction Defects in New York; Part 3 of 6 – Defective Construction

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).

For a defect to be construction based, it can range in scope from a contractors failure to perform to completion of the project, to gross deviations from the approved construction plans and specifications.

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Construction Defects in New York, Part 2 of 6 – Design Defects

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).

Defects in construction design demonstrate themselves in various and wide-ranging ways, and sometimes by the actions the defects cause others to do.

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Construction Defects in New York; Part 1 of 6 – An Introduction

Defects exist throughout all construction projects and it’s likely no construction project is ever completed perfectly. In New York construction however, perfection is not the legal standard by which construction is generally measured. The standard used to judge completed construction is the ordinary and reasonable skill that is usually exercised by architects, engineers, contractors and others in that work.[1]Therefore, not all defects are necessarily actionable under New York construction law.

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