John Caravella of The Law Offices of John Caravella, P.C. was invited to contribute to the September issue of the Nassau County Bar Association’s newsletter on his thoughts and comments surrounding unethical practices in Solar Energy Warranties. To read the full article, please visit the Nassau County Bar Association here.
Continue reading “Legal Loopholes Foster Unethical Practices in Solar Energy Warranties”
When it comes to a complex construction agreement, it’s typical practice to include specific terms within the contract relating to Trust and Confidence, and Fiduciary duties. Normally, a Fiduciary takes action as a trustee within the contract or agreement and are chosen to act on behalf of their client and make decisions for them when needed. With that said, what happens if you can no longer trust your trustee?
For centuries, humanity has strived to build structures that offer shelter, security, and beauty. Yet, the history of construction is also a narrative of evolving understanding, where materials once considered innovative or benign later revealed themselves to be deeply hazardous. From the Industrial Revolution to the present day, our homes and workplaces have been constructed using a fascinating, and sometimes frightening, array of substances. Today, a growing awareness of these historical pitfalls is driving the demand for “clean construction” – a commitment to healthier, more sustainable building practices.
Are contractors responsible for the impacts of their work on neighboring residents? Oftentimes, they are. This is especially true in densely populated urban areas where literally hundreds of people could be affected by a project only fifty feet away. Some of the principles in these cases are outlined below.
Continue reading “What About the Neighbors? How Contractor Liability Can Extend to Neighbors”
Construction disputes are not going away any time soon, so every contractor will eventually be faced with the prospect of deciding whether to go to court to get paid for its work. Litigation in the court system has been the traditional collection method for contractors, but the length and costs of litigation mean that recovering might take years and absorb a chunk of your recovery, and the backlog in the court system has led courts to encourage litigants to seek alternatives to litigation – other means of getting paid.
Continue reading “Nassau County Bar Association Offers Alternatives To Litigation”
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?
To minimize potential legal problems when planning construction, whether the project is a large commercial project, a new residence, or even a renovation to an existing structure, care must be taken to have essential terms included in the contract.
Continue reading “Construction Contract Drafting Considerations”
As we know, many of our neighbors are currently combating the harsh realities of post-disaster re-building. From hurricanes, earthquakes, wildfires, and tsunamis, we’ve come to know and understand the challenges that are faced when disasters like these occur. Luckily, in the United States, we have aid measures in place to help us recover from any such disaster. FEMA and the American Red Cross are two of the most common relief programs in the country.
Continue reading “Recovering from a Natural Disaster – What You Should Do”
Construction projects, by their very nature, are a complex web of promises and obligations. From timelines and payments to materials and workmanship, a detailed contract is the blueprint for a successful project. But what happens when one party fails to follow the plan? This is where a breach of the construction contract comes into play. While the fundamental principles are similar across the country, New York and Florida have their own specific laws and legal nuances.
The Law Offices of John Caravella, P.C. offers a free initial consultation with a Long Island construction attorney to discuss your legal concerns with no obligation. To schedule an appointment, call our office today or fill out the form below.
