Construction projects move quickly. Schedules are tight, subcontractors rotate in and out of a project, and decisions often need to be made on the spot. In this fast-paced environment, documentation can sometimes become an afterthought. However, from a construction law perspective, inadequate project documentation is one of the most common reasons disputes become difficult and expensive to resolve.
Continue reading “Why Documentation Matters in Construction Disputes”
The Original Pennsylvania Station (1904–1966)
The story of Pennsylvania Station in New York City begins in the early 20th century, when the Pennsylvania Railroad sought to establish a monumental gateway into Manhattan. Construction began around 1904 and culminated in the opening of the station in 1910, designed by the renowned architectural firm McKim, Mead & White in the Beaux-Arts style. Pennsylvania Station quickly became one of the most celebrated transportation hubs in the world.
Throughout time, circumstances arise where a homeowner feels the need to breach their contract by refusing to pay their contractor or architect for services that were already performed and/or provided. For example, perhaps a homeowner feels that the contractor’s work is not what was agreed upon or is subpar, or maybe even because the project took longer than expected to complete, so in turn, the homeowner may decide to refuse to pay the contractor for work already performed or even dispute the previously charged credit card transaction. This raises the age-old question: Is the customer truly, always right?
Continue reading “How and When Filing a Mechanic’s Lien Protects you from Payment Refusals”
Indemnification is an important legal concept which impacts nearly all construction contracts. It has several forms and types, but generally amounts to a contract requirement where one party agrees to restore the other party from any losses. Where an anticipated loss should occur, the damaged party can expect reimbursement for the loss.
Continue reading “Appellate Court Upholds Contractor Indemnification”
One topic that came up in my practice recently was a contractor’s potential exposure to liability for punitive damages under New York law. As the name suggests, punitive damages are awarded above and beyond their contract or property damages, ‘where the wrong done was aggravated by circumstances of violence, oppression, malice, fraud, … on the part of the defendant, and are intended to address the plaintiff’s mental anguish or other aggravation, to punish the defendant for its behavior.’ Black’s Law Dictionary 390 (6th Ed. 1991).
Continue reading “Punitive Damages Claims in New York Construction Contract Disputes”
Natural disasters often expose the limits of local and state permitting systems. When entire communities are destroyed—as we are seeing with the recent Palisades fire—the need for rapid rebuilding can collide with slow, complex, or even incapacitated state and municipal regulatory structures. In these moments, the federal government has legal pathways to step in, accelerate recovery, and, in rare cases, bypass state and local permitting requirements altogether.
Whether you are planning on renovating your commercial property, residential property, or even investment property, hiring an architect is a step in the right direction. Many clients think architects have one responsibility – to draw up plans and blueprints. However, this could not be farther than the truth. Architects take on many different tasks and procedures beyond the scope of creating plans and blueprints. Keep reading to find out alternative duties that an architect may be tasked with.
Continue reading “The Specific Jobs & Duties of an Architect”
Long Island Construction Law does not own this content. This content was created by Andrew Van Dam, and was published to the Washington Post on November 11th, 2022.
D.C. reader and self-described “data nerd” Claudia Marquez sent a question so perceptive that it begged for its own column. “I have noticed more and more women working in the construction business, especially Latina women,” Marquez wrote. “Has there been a rise in women working in this industry?”
Continue reading “More Women Supporting the Construction Workforce”
Hiring a non-local subcontractor can lead to unanticipated issues for a contractor that otherwise could have been avoided if a local sub or supplier were hired instead. Additionally, events that would ordinarily not seem to be an issue when using a local subcontractor, such as arranging an in-person meeting, have the potential to become much more complicated when trying to coordinate with an non-local subcontractor or supplier. Keep reading for some important risks that homeowners and contractors should be aware of if contemplating hiring a non-local subcontractor or supplier.
Continue reading “The Risks of Hiring Non-Local Subcontractors or Suppliers”
Financing commercial construction is fundamentally different from financing a simple business loan or acquisition. The scale of capital, risk profile, lender requirements, and the need for staged disbursements make construction financing unique. A well-structured financing strategy often combines multiple sources of capital to match project timing with cash flow needs.
Continue reading “Fundamentals of Funding Commercial Construction Projects”
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.
