Construction Law Blog

Construction Law Blog

Contract Terminology and Interpretation

Construction contracts could be challenging and difficult to read but learning the basic terms can really make a difference. On October 17th, John Caravella was invited to speak at the AIA Contract Document Workshop where he was able to share his knowledge about Construction Contract Interpretation and Fundamentals. In this specific article, we share simplified definitions of commonly used words within a construction agreement as well as exploring the law of Construction Contract Interpretation.

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Insights from a Construction Litigation Attorney About Arbitration Pros and Cons for Homeowners and Unlicensed Contractors

 

It is an all-too-common situation in New York: homeowners hire a home improvement contractor only to find out, after a contract dispute arises, that the contractor was unlicensed in violation of local ordinances. While court decisions in these disputes have generally gone in favor of homeowners, a body of case law suggests that the results are by no means so favorable to homeowners when arbitration awards to unlicensed home improvement contractors come up for review. In those cases, the deference of courts to the decisions of a construction litigation attorney creates tension with the public policy of protecting homeowners from unlicensed contractors.

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The Legal Risks of Hiring an Unlicensed Contractor or Architect in New York & Florida

Hiring someone because they’re “cheaper” or available right now can feel tempting — but when that person is unlicensed, the short-term savings often turn into long-term headaches: safety risks, uninsured losses, voided permits or insurance coverage, civil and criminal penalties, and even federal exposure in some cases. Below is an explanation of the major risks for homeowners and project owners in New York and Florida, the state-level penalties, when the conduct can escalate into fraud or federal crimes, and practical steps to protect yourself.

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Construction Contract Document Conflict

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 “Construction Contract Document Conflict”

Commissioner’s Regulations in Architecture

Though an architect is responsible for designs and drawings, they also play a part in structural safety. Whether building single-family homes or a large corporate building, a professional in the architectural industry must have the proper education and experience to practice. This article about the commissioner’s regulations in architecture was presented by John Caravella during the “Design Professionals in New York” speaking engagement produced by HalfMoon Seminars.

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5 Reasons that may Justify the Termination of your Construction Agreement

When homeowners are ready to get the ball rolling with their new construction project, excitement and happy emotions usually take over when signing the construction agreement. With that said, however, there is an important relationship from start through final completion with your contractor, and significant issues could develop. When advising in breach of contract and contract termination cases, there are five examples all homeowners should look out for before pulling the trigger, that may justify your agreements termination. Continue reading “5 Reasons that may Justify the Termination of your Construction Agreement”

Holiday Decoration Safety, Insurance Pitfalls, and What To Do If a Fire Happens

Holiday decorations make homes warm and festive — but they also increase the risk of fire, electric shock, and property damage. From overloaded outlets and frayed light strings to unattended candles and dry Christmas trees, many seasonal hazards are preventable.

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Top 3 New Construction Arbitration Rules That Expand Powers and Challenge Assumptions

When it comes to construction contracts, arbitration and mediation (Alternate Dispute Resolution) are both commonly specified for out of court dispute resolution.  The use of mediation and arbitration in construction contracts, both for small and large construction, has been increasingly common over the past decade.

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Why Homeowners are Vulnerable When Hiring an Unlicensed Contractor

Managing a budget is generally a high priority on a homeowner’s list when beginning a home improvement project.  Unfortunately, many homeowners make the mistake of saving money by hiring an unlicensed contractor.  Although it may seem to be the more attractive, less expensive option, hiring an unlicensed contractor to save some money could be very problematic, leading to long-term negative financial effects or legal consequences.  This is due to the fact that there is no guarantee that an unlicensed contractor will have the necessary insurance policies in place to protect your property, themselves, their workers, and any other damages that may arise from their construction work.

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The Constitutional and Economic Implications of Electric Mandates in New York Buildings

New York’s recent decision to ban natural gas in many new construction projects has sparked a heated debate. Originally designed as a bold climate policy, the gas ban is now paused, with critics arguing it is both impractical and unconstitutional. Here’s a breakdown of the situation: why the ban is on hold, the legal challenges it faces, and why some consider it unconstitutional.

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