Construction Law Blog

Protections Provided to New York Architects and Contractors under the Economic Loss Rule

THE ECONOMIC LOSS RULE IN NEW YORK CONSTRUCTION CONTRACTS:

WHAT IT IS AND HOW IT MAY BENEFIT CONTRACTORS AND ARCHITECTS

The “economic loss rule” is a rule that New York courts use to prevent a plaintiff from recovering against a defendant for a tort (usually negligence), when the essence of the plaintiff’s claim is for failure to live up to the terms of a contract.

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The 7 Major Delay Claims in New York

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.

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Prevailing Wage Laws in New York Construction Disputes

Construction projects in New York are often complex undertakings, fraught with potential for disputes. When these disputes escalate to litigation or arbitration, one critical factor that can significantly impact the outcome is the application of prevailing wage laws. Understanding how these laws operate and their implications is crucial for contractors, subcontractors, and project owners alike.

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Violation of the New York Prompt Payment Act Does Not Bar Defenses

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.

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Top 7 Owner Risks in New York Construction Contracts

Construction is fraught with countless risks, from weather conditions, labor strikes, material unavailability, subsurface conditions, and inaccurate plans and specifications, among others. Each has the potential to delay the project, cause increased completion costs, and increase the likelihood of disputes, liens, and litigation.

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How Lumber Costs are Shaping the US Construction Landscape

From individual homeowners embarking on renovations to large-scale developers breaking ground on new communities, the increased cost of wood is having a profound and multifaceted impact across the United States. Understanding the factors driving these high prices, the region’s most acutely affected by shortages, and the intricate supply chains that bring lumber to our construction sites is crucial to navigating this evolving landscape.

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How Construction can Protect New Yorker’s from Rising Sea Levels

Construction can play a crucial role in combating the impacts of rising sea levels in New York City and surrounding areas through a variety of innovative techniques and resilient building practices. These strategies aim to protect existing infrastructure, create new developments that are more resistant to flooding, and enhance the natural defenses of the coastline.

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How Solar Energy is Transforming Construction and Architecture in New York and Florida

Solar energy is revolutionizing the construction and architectural industries in both New York State and Florida, offering sustainable solutions that enhance efficiency, reduce costs, and promote environmental responsibility. As these states push toward greener initiatives, solar power is becoming a key component in modern building designs, reshaping urban landscapes and construction methodologies.

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Are We On The Same Page? How Construction Document Conflicts Are Resolved

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?

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