Contractors are not only responsible for performing their contracted work, but are also charged with keeping the owner and the subcontractors working together to bring the project to completion successfully. Given this, they are regularly the subject of legal disputes. For this reason, many could benefit from an understanding of the following top 5 contractor defenses available in New York.
Recently, a contractor asked me how to create a good contract. After further discussion, I understood that this contractor was not licensed, but wanted advice on obtaining a good contract. Well, what is a good contract after all?
Continue reading “If You Want a Construction Contract Enforced, You Need Your License”
Changes are an unavoidable aspect of construction. Although thorough effort and coordination are required in preparing the original project contract, specifications and construction drawings, there will still be changes. This is why owners are provided the right to make changes to the work under a typical contract changes clause.
However, the ability for owner requested changes, even if provided in the contract, are not without limitations, restrictions, and consequences. After all, what purpose would any of the project documents, contracts and drawings serve if they were subject to constant change? What good would the contract serve if the owner could make any change(s) without consequence?
Continue reading “Changes vs. Cardinal Changes: The Limit of Construction Contract Changes”
Often times in discussions with contractors, I hear many of the same types of issues repeat themselves, and from the perspective of counsel, quite preventable. While not every potential problem on a project can be determined upfront, keeping the following 5 tips for contractors in mind might be helpful in preventing problems, improving business practices, and effectively managing risks.
Continue reading “Top 5 Tips for New York Residential Contractors”
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.
General Business Law Section 756 (and the sections that follow it), commonly known as the Prompt Payment Act, establish requirements for how soon a construction contractor or subcontractor must be paid and allow expedited arbitration in the event that prompt payment is not made for qualifying projects.
Continue reading “Violation of the New York Prompt Payment Act Does Not Bar Defenses”
Many construction contracts in New York make reference to how or why one or both parties are provided the right to terminate the agreement. One such typical form of termination, ‘Termination for Convenience’, may be provided.
Continue reading “The Inconvenient Termination for Convenience”
Can homeowners be held responsible for injuries that may occur to contractors while work is being done on their property? Many homeowners love new home face-lifts, but did they ever think what a dangerous home improvement job consisted of? Well, what happens if a contractor is injured while working? Who is responsible for their medical costs?
Continue reading “Homeowner Liability for Contractor Injuries in New York”
Given the large number and variety of documents required to administer a construction project today (plans, specifications, contracts, etc.), the likelihood of discrepancies arising between these different sources is almost unavoidable. Do you know how these documents rate in terms of their authority?
Continue reading “Are We On The Same Page? How Construction Document Conflicts Are Resolved”
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.
