Invalidating Choice of Law or Forum Selection Clauses

Contracts commonly provide for a specific state law to apply (choice of law) or for disputes to be litigated or arbitrated in another state (forum selection). Unfortunately, out-of-state contractors often make subcontracts with New York subcontractors on New York projects subject to the laws of, and requiring disputes to be resolved in, other states, using the added expense and inconvenience as a means to dissuade subcontractors from pursuing claims.

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What is a Surety Bond and When is it Used?

A surety bond is defined as a three-party agreement that legally binds together a principal who needs the bond, an obligee who requires the bond and a surety company that sells the bond.[1] The bond guarantees the principal will act in accordance with certain laws. If the principal fails to perform in this manner, the bond will cover resulting damages or losses. When is a bond such as this used?

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Long Island Paves The Way to a Clean Energy Future

Long Island Construction Law does not own this content. This content was created by Thomas Falcone, and was published to the Long Island Business News on Jan 19th, 2023. Thomas Falcone is the chief executive officer of LIPA.

Long Island is leading the way in the transition to a clean energy future. LIPA is committed to achieving New York State’s goal of a carbon-free electric grid by 2040. As a coastal community vulnerable to the effects of climate change, Long Islanders understand the need to transition to clean energy. That is why LIPA’s focus is to improve the product we deliver to you – clean, reliable, and customer-first electric service.

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Your Contractor Abandoned Your Project – Now What?

Have you ever hired a contractor who disappeared on you?  Were you left with a half-completed home improvement project, with feelings of despair and frustration and not a clue as to what your next steps should be?  You’re left with unused materials, shortage of capital, and a literal construction site in your home.  Unfortunately, this happens to homeowners who hire both licensed and unlicensed contractors more often than you would think.  However, there is recourse available. Below we discuss the steps that you can take and actions that you can pursue when your contractor abandoned your project before the construction is completed.

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John Caravella, Esq for Stafford’s AIA Webinar

Long Island Construction Attorney, John Caravella, Esq, will be co-presenting for Stafford’s AIA Webinar on June 24th, 2020. Along with Steven Nudelman and Warren F. Jacoby, Mr. Caravella and his other co-presenters will discuss the fine details of AIA Contract Documents: 2017 Modifications, Insurance and Bond Exhibit, Owner – Contractor Documents and Owner – Architect Agreements.

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Long Island Construction Law Successfully Defends Homeowners Against Claims By Unlicensed Contractor

Despite much construction litigation, New York courts who govern Long Island construction law are agreed that an unlicensed home improvement contractor cannot recover against consumers. That has not, however, stopped unlicensed contractors from arguing exceptions to that rule. A recent court victory by John Caravella, Esq. confirms that courts remain unwilling to accept excuses from unlicensed contractors.

In Orefice v. Guma Development, homeowners sued an unlicensed contractor for defective construction. Notably, the local municipal code requires that any person doing business as a contractor be licensed by the municipality. A corporation does not require its own license if a licensed contractor is employed by the firm as a supervisor.

 

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Long Island’s Housing Crisis and How Construction Will Help

Long Island Construction Law does not own this content. This press release was created by Governor Hochul’s Press Office and was published on 1.10.2023.

New York Housing Compact Will Set Local Housing Targets, Include Local Participation to Achieve Housing Growth in Every Community. Includes Proposals to Remove Obstacles to Approvals, Grow Development Opportunities in New York City, and Incentivize Construction. Plan Will Also Strengthen Existing Housing Supply and Increase Support for New York Renters and Homeowners. Continue reading “Long Island’s Housing Crisis and How Construction Will Help”

Construction Industry Challenges in Wage and Labor Violations

The minimum wage and overtime provisions under federal and New York law affect all employers, but contractors are further subject to an additional, unique wage scheme in the form of prevailing wages. To learn more, please download our complimentary article regarding New York Employment and Wage Law. Continue reading “Construction Industry Challenges in Wage and Labor Violations”

Subcontractor’s Arbitration Action Stayed by Supreme Court

The Supreme Court, New York County, recently clarified the impact of contractual language specifying litigation as the forum for resolution in the subcontract, and impact of New York’s Prompt Payment, providing for arbitration of disputes where it applies.

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