Have you ever hired a contractor who disappeared on you? Were you left with a half-completed home improvement project, with feelings of despair and frustration and not a clue as to what your next steps should be? You’re left with unused materials, shortage of capital, and a literal construction site in your home. Unfortunately, this happens to homeowners who hire both licensed and unlicensed contractors more often than you would think. However, there is recourse available. Below we discuss the steps that you can take and actions that you can pursue when your contractor abandoned your project before the construction is completed.
Continue reading “Your Contractor Abandoned Your Project – Now What?”
Despite much construction litigation, New York courts who govern Long Island construction law are agreed that an unlicensed home improvement contractor cannot recover against consumers. That has not, however, stopped unlicensed contractors from arguing exceptions to that rule. A recent court victory by John Caravella, Esq. confirms that courts remain unwilling to accept excuses from unlicensed contractors.
In Orefice v. Guma Development, homeowners sued an unlicensed contractor for defective construction. Notably, the local municipal code requires that any person doing business as a contractor be licensed by the municipality. A corporation does not require its own license if a licensed contractor is employed by the firm as a supervisor.
Continue reading “Long Island Construction Law Successfully Defends Homeowners Against Claims By Unlicensed Contractor”
Working too quickly to meet a completion deadline, running to the opposite side of the construction site, or even failing to pay attention to safety standards can all be fatal on a construction site. It is crucial – and lifesaving – to understand and know the safety measures that you must take to protect yourself and others on any given job site. In this article, we will discuss the fundamentals of construction site safety.
Continue reading “Is your Construction Site up to Safety Standards?”
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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Managing a budget is generally a high priority on a homeowner’s list when beginning a home improvement project. Unfortunately, many homeowners make the mistake of saving money by hiring an unlicensed contractor. Although it may seem to be the more attractive, less expensive option, hiring an unlicensed contractor to save some money could be very problematic, leading to long-term negative financial effects or legal consequences. This is due to the fact that there is no guarantee that an unlicensed contractor will have the necessary insurance policies in place to protect your property, themselves, their workers, and any other damages that may arise from their construction work.
Continue reading “Why Homeowners are Vulnerable When Hiring an Unlicensed Contractor”
It’s one thing to say what you want in your construction project, but it is another thing to properly document your dream design on paper in the form of legitimate construction plans. Within this article, you will have a better understanding of what is included in detailed construction plans, as well as the understanding of common symbols used in the architectural industry. Whether you are a project owner or contractor, always remember your construction drawings take precedence over performance specifications in the state of New York.
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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?
Continue reading “Standards of Care Within A Construction Agreement: When You No Longer Trust Your Fiduciary.”
This is a general information article and should not be construed as legal advice or a legal opinion. Readers are encouraged to seek counsel from a construction lawyer for advice on a particular circumstance.
When homeowners are ready to get the ball rolling with their new construction project, excitement and happy emotions usually take over when signing the construction agreement. With that said, however, there is an important relationship from start through final completion with your contractor, and significant issues could develop. When advising in breach of contract and contract termination cases, there are five examples all homeowners should look out for before pulling the trigger, that may justify your agreements termination. Continue reading “5 Reasons that may Justify the Termination of your Construction Agreement”
Is the prompt payment act at odds with public policy? In both general litigation and construction litigation, courts generally give parties great freedom to contract. Thus, New York’s policy is to enforce arbitration agreements in construction contracts.[i] Conversely, New York courts do not usually force parties into arbitration unless their contract expressly requires it.[ii]
Continue reading “The Prompt Payment Act: Is It At Odds With Public Policy?”
Last quarter, John Caravella was invited to speak at the AIA Contract Documents Workshop where he was able to share his knowledge about Construction Contract Interpretation and Fundamentals. In this specific article, we discuss the document types between different parties, to ensure the correct contract is being utilized for your specific type of work.
Continue reading “Primary AIA Contract Documents”