Author: John Caravella

Blending of Public and Private Construction – Proceed With Caution

Traditionally, New York Construction Law sets separate rules of engagement for public projects (where the owner is a public entity) and those that are private construction projects (where the owner is a private individual or corporation). Given these two distinct camps, it has been easy to classify a project as either a public project or a private one. For contractors, subcontractors and suppliers, knowing which rules of engagement pertain to them is essential to avoid making costly mistakes.

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5 Reasons that may Justify the Termination of your Construction Agreement

This is a general information article and should not be construed as legal advice or a legal opinion. Readers are encouraged to seek counsel from a construction lawyer for advice on a particular circumstance.

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”

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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Construction Defects in New York; Part 6 of 6 – Time Limits

This is a continuing article series on Construction Defects in New York, These include an introduction (part 1), design defects (part 2), defective construction (part 3), improper materials (part 4), improper installations (part 5) and finally important time limitations which apply to seeking legal action for defective construction in New York (part 6).

Although construction litigation can be complex and often requires expert testimony, one of the most complicated areas is simply determining the timeframe a party has to bring forth an action in New York.

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Construction Defects in New York; Part 5 of 6 – Improper Installation

This is a continuing article series on Construction Defects in New York, These include an introduction (part 1), design defects (part 2), defective construction (part 3), improper materials (part 4), improper installations (part 5) and finally important time limitations which apply to seeking legal action for defective construction in New York (part 6).

Construction defects relating to materials can also be based on their installation. If products are installed incorrectly this can result in an unacceptable condition to the project owner.

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Construction Defects in New York; Part 4 of 6 – Improper Materials

This is a continuing article series on Construction Defects in New York, These include an introduction (part 1), design defects (part 2), defective construction (part 3), improper materials (part 4), improper installations (part 5) and finally important time limitations which apply to seeking legal action for defective construction in New York (part 6).

Even where designs are to the correct level of competency and the construction has been performed with due diligence and care, problems may still arise on a project.

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Construction Defects in New York; Part 3 of 6 – Defective Construction

This is a continuing article series on Construction Defects in New York, These include an introduction (part 1), design defects (part 2), defective construction (part 3), improper materials (part 4), improper installations (part 5) and finally important time limitations which apply to seeking legal action for defective construction in New York (part 6).

For a defect to be construction based, it can range in scope from a contractors failure to perform to completion of the project, to gross deviations from the approved construction plans and specifications.

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Construction Defects in New York, Part 2 of 6 – Design Defects

This is a continuing article series on Construction Defects in New York, These include an introduction (part 1), design defects (part 2), defective construction (part 3), improper materials (part 4), improper installations (part 5) and finally important time limitations which apply to seeking legal action for defective construction in New York (part 6).

Defects in construction design demonstrate themselves in various and wide-ranging ways, and sometimes by the actions the defects cause others to do.

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

 

In January 2019, 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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