We all enjoy a warm weathered weekend with friends and family. In most cases, the only concern at barbecues is if the sun is going to stay out all day. But did you ever consider other concerns such as property safety and liability during the dog days of Summer? According to the National Fire Prevention Association, house fires due to barbecuing, holiday decorations and fireworks are more common then we think.
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If you have read previous articles of this blog, you may be aware that New York construction contractors can be barred from suing or enforcing a mechanic’s lien if they do not possess required home improvement licenses, which has resulted in the dismissal of many contractors’ claims. On the other hand, project owners sometimes argue that a contractor’s failure to possess a license should not only prevent the contractor from recovering more money but should require the contractor to return all monies already paid for the work. Courts’ responses to this argument have been mixed.
Continue reading “The Home Improvement Licensing Rule: A Shield And Not A Sword”
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”
Defective construction exists throughout all construction projects, and it is likely no construction project is ever completed perfectly. In New York construction, however, perfection is not the legal standard work is required to achieve.
Continue reading “New York Construction Defects Paper”
For New York Architects, Landscape Architects, Engineers, and Land Surveyors, exposure to liability on their completed projects may extend long beyond the completion of the project itself. Exactly how long design professionals can be ‘on the hook’ for claims has been a bit of a moving target in New York, with changes and proposed additional changes to this timeframe.
Continue reading “Design Professional Liability on Completed Work”
Much construction litigation arises from disputes over Scaffold Law liability. Simply, the Scaffold Law makes certain contractors and project owners liable for injuries to workers on construction sites. The Scaffold Law has been criticized for the burdens it imposes on contractors and owners and for allowing workers to collect even if they have ignored safety rules.
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Owners of New York based construction businesses are more likely to be mindful of construction law issues relating to contract performance and defective work. Many however are unaware they are also under increasing risks of liability in compliance with newly enacted requirements under New York Employment and Labor Laws.
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New York construction law allows for the pursuit and collection of damages for delay, depending on the underlying project facts and contract terms. Where these delay claims are available, courts in New York recognize 7 major categories of delay, which may establish claims for compensation.
Continue reading “The 7 Major Delay Claims 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”
Everyone knows that time is money, and in particular this is true with New York construction contracts. It is also well known that delays are often part of the construction reality, along with change orders and extras. Delays impact owners, contractors and subcontractors.
Continue reading “New York Construction Delays, All Things Being Equal, They’re Not”