Owners of New York based construction businesses are more likely to be mindful of construction law issues relating to contract performance and defective work. Many however are unaware they are also under increasing risks of liability in compliance with newly enacted requirements under New York Employment and Labor Laws.
The construction industry, a vital engine of economic growth, also carries a significant carbon footprint. From the energy-intensive production of materials like cement and steel to the fuel consumed by heavy machinery on job sites, the sector contributes substantially to greenhouse gas emissions. Recognizing this impact, both New York State and Florida State are actively pursuing decarbonization efforts within their construction industries, albeit with distinct approaches shaped by their unique climates, economies, and policy landscapes.
Continue reading “Building a Greener Future: Decarbonizing Construction in New York and Florida”
For New York Architects, Landscape Architects, Engineers, and Land Surveyors, exposure to liability on their completed projects may extend long beyond the completion of the project itself. Exactly how long design professionals can be ‘on the hook’ for claims has been a bit of a moving target in New York, with changes and proposed additional changes to this timeframe.
Continue reading “Design Professional Liability on Completed Work”
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.
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.
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.
Continue reading “Prevailing Wage Laws in New York Construction Disputes”
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.
Continue reading “Violation of the New York Prompt Payment Act Does Not Bar Defenses”
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.
Continue reading “Top 7 Owner Risks in New York Construction Contracts”
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.
Continue reading “How Lumber Costs are Shaping the US Construction Landscape”
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.
Continue reading “How Construction can Protect New Yorker’s from Rising Sea Levels”
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.
