Construction Law Blog

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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Defects By Design; Who is Liable for Bad Plans?

Construction is filled with countless risks, from weather conditions, labor strikes, material unavailability, subsurface conditions, inaccurate plans, and specifications, among others variables. Each has the potential to delay the project, cause increased completion costs, and increase the likelihood of disputes, liens, or litigation. Problems stemming from inaccurate plans and specs can quickly become the obstacles of others beyond just the design professional itself.
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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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Net Zero at Greenbuild 2024 – Register Within

The session agenda is designed for everyone within the green building community. Our Advisory Groups carefully selected all of this year’s sessions to address the opportunities and challenges you and your project teams face today. To register today, please click within.

The content below was created by USGBC regarding their yearly Greenbuild Conference. Explore sessions at Greenbuild that will focus on meeting net zero goals.

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What About the Neighbors? How Contractor Liability Can Extend to Neighbors

Are contractors responsible for the impacts of their work on neighboring residents? Oftentimes, they are. This is especially true in densely populated urban areas where literally hundreds of people could be affected by a project only fifty feet away. Some of the principles in these cases are outlined below.

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City Of Yes Could Eliminate Longstanding Height Restriction. Will Developers Act? – A BisNow Article

Long Island Construction Law does not own this content. This content was created by Sasha Jones, and was published to BisNow on July 24th, 2024. To view the full article, please click here. 

To most developing in New York City, the “sliver law” is just a fact of building. In a city where the sky’s the limit, the 41-year-old rule in the city’s zoning code restricts buildings on lots narrower than 45 feet to a height no taller than 100 feet or the equivalent of the width of the adjacent street, whichever is less.

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John Caravella’s Article on Scaffold Law Reform to be Featured in Nassau County Bar Association’s “The Nassau Lawyer” Publication

 

In previous years, The Nassau Lawyer published an article written by Mr. Caravella, in response to wide range impacts related to contractors throughout New York, regarding the Scaffold Law Reform and current efforts in New York State. Contractors are encouraged to stay informed of these issues and reform efforts. To obtain a copy of this topic article, please visit www.nassaubar.org (Page 7) or visit www.liconstructionlaw.com

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New Long Island Development Plans: “Train to Plane” – a Long Island Press Article

Long Island Construction Law does not own this content. This content was created by Claude Solnik, and was published to Long Island Press. To view the full article, please click here:  

On Feb. 1, around 200 people gathered at Captain Bill’s Bayview House in Bay Shore for a meeting hosted by the Long Island Business Development Council.

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Deck Inspection Resources (2020)

Deck Inspection Resources (2020) by Frank Woeste, P. E., Professor Emeritus, Virginia Tech. Spring is a great time to inspect your deck to make sure it is safe for continued use by your family and friends. The inspection resources listed herein should be useful for accomplishing a meaningful inspection of an existing deck for occupant safety.

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Architect and Contractor Liability for New York Building Code Violations

CAN I BE SUED FOR VIOLATING THE BUILDING CODE?

CLAIMS AGAINST CONTRACTORS AND ARCHITECTS FOR CODE VIOLATIONS

 In my construction law practice, I’m often confronted with instances of building code violations and questions of whether building code violations should subject a contractor or architect to liability.

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