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.
Continue reading “Top 3 New Construction Arbitration Rules That Expand Powers and Challenge Assumptions”
This article was written by guest blogger Suzie Wilson.
When you build a custom home you get to bring your vision to life and create the house of your dreams from the ground up. However, it takes a lot of planning and careful decision-making to build a custom home, and there are several things you’ll need to get started. Finding the right professionals to help you create the house is essential, and from there you’ll need to create a plan in order to stay on task and on budget. Of course, you’ll also need to think about buying land in just the right spot, and that can be quite a job in itself. So, here are four tips to help you get started when you’re ready to build your dream home.
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For contractors and subcontractors in New York, Mechanic’s Lien Waivers are a part of life, but the potential risks to the contractor in waiving more than intended or understanding of the terms are not always as common. Owners (and often their lender) require that the project be kept lien free through progression of the work to final completion.
Continue reading “Top 5 Mechanic’s Lien Waiver Pitfalls for Contractors and Subs”
Under New York construction law, much emphasis is placed on the “improvement” of real property (real estate). Indeed reference to improvements are often found in New York construction contracts, and establishing an improvement is required for a contractor to establish a valid lien on a privately owned project. But what specifically are the ins and outs?
Continue reading “So What Is an Improvement, Anyhow?”
Whenever we hear the terms Usury and Racketeering, we think of two things, organized crime, and the RICO Act. But did you know that these two terms are very common within the New York Construction industry? Whether you are a homeowner, a contractor or a commercial business owner, usury and racketeering come in many different shapes and sizes. What are the types of Construction Usury, and how can we protect ourselves?
Continue reading “Protecting Yourself from Usury and Racketeering in Construction”
Long Island Construction Law did not create this content about Long Island Construction Employment. This article was written by David Winzelberg, and was published to the Long Island Business News on January 3rd, 2020.
Long Island Construction employment saw a significant increase in November as compared with the previous year, according to the latest report from the Associated General Contractors of America.
Continue reading “Long Island Construction Employment On The Rise”
Contractors and subcontractors frequently consult with their attorneys in the negotiation of construction contracts before they are signed, but counsel’s involvement generally ends at that point until and unless litigation arises down the road. Nevertheless, additional consultation with attorneys after execution of contracts can ensure that contractors and subcontractors meet their respective obligations and may confer savings that far offset the costs.
Continue reading “Post Contract Signing Considerations For The New York Contractor”
Construction is filled with countless risks, from weather conditions, labor strikes, material unavailability, subsurface conditions, inaccurate plans, and specifications, among others variables. Each has the potential to delay the project, cause increased completion costs, and increase the likelihood of disputes, liens, or litigation. Problems stemming from inaccurate plans and specs can quickly become the obstacles of others beyond just the design professional itself.
It is certain that New York construction law imposes principal responsibility for plan and specification accuracy on the design professional itself. The design professional is required to use the degree of skill, knowledge, and judgment generally used by other design professionals in the same geographic area.
Continue reading “Defects By Design; Who is Liable for Bad Plans?”
Arbitration is an established alternative to court litigation in construction disputes. Challenging an unfavorable construction arbitration award is so difficult that homeowners may wish to give serious thought before submitting their disputes with contractors to arbitration. Courts give great deference to the decisions of arbitrators, refusing to review arbitration awards even for errors of law or fact. There are few exceptions to this rule, and courts only invoke them in rare circumstances.
Continue reading “Challenging Construction Arbitration Awards in New York”
The New York Education Department, Office of the Professions, regulates the licensing of the various professions, such as Lawyers, Certified Public Accountants, Architects, and other professions practicing within the state. Typically these professionals must pass initial education and examination requirements, and are also required to maintain certain levels of continuing education units. These requirements are intended to foster continued education and training throughout their career.
Continue reading “Should Architects Be Exempt From Continuing Education?”