Construction Law Blog

Long Island Construction Law Obtains Contractor Victory in Wrongful Termination

What does Long Island construction law say about terminating construction agreements? Despite the increasingly common use of arbitration in construction agreements, the New York Supreme Court has clarified that owners cannot terminate their construction agreement and fail to follow requirements for termination without repercussions. A recent pre-arbitration victory by John Caravella, Esq. confirms that the court unwilling to waive terms contained for termination and remedial efforts post termination to cure will not suffice to transform a wrongful termination into a termination for cause.

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Architectural Hierarchy 101

When you are working on a renovation project or building a home from the ground up, it is not just one person pulling the strings and leading the operation, learn the architectural hierarchy.  Behind every architectural firm is a small army of individuals with specific roles and responsibilities to make your dream a reality. Within this article, we will share the chain of command within an architectural firm. To learn what you should be looking for when hiring such architects, please review our blog posting titled “Considerations When Hiring an Architect” below.

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Holiday Weekends and Property Damage Liability

We all enjoy a warm weathered weekend with friends and family. In most cases, the only concern at barbecues is if the sun is going to stay out all day. But did you ever consider other concerns such as property safety and liability during the dog days of Summer? According to the National Fire Prevention Association, house fires due to barbecuing, holiday decorations and fireworks are more common then we think.

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Construction Law: An Overview for Homeowners; Part 4 of 4 – Conclusion

This is a continuing article series regarding Construction Law: An Overview for Homeowners. These include four different topics, Pre-Construction (Part 1), During Construction (Part 2), Post-Construction (Part 3) and Construction Conclusion (Part 4). Each series of topics discuss informative summaries of what happens within each construction phase.

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Construction Law: An Overview for Homeowners; Part 3 of 4 – Post-Construction

This is a continuing article series regarding Construction Law: An Overview for Homeowners. These include four different topics, Pre-Construction (Part 1), During Construction (Part 2), Post-Construction (Part 3) and Construction Conclusion (Part 4). Each series of topics discuss informative summaries of what happens within each construction phase.

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Construction Law: An Overview for Homeowners; Part 2 of 4 – During Construction

This is a continuing article series regarding Construction Law: An Overview for Homeowners. These include four different topics, Pre-Construction (Part 1), During Construction (Part 2), Post-Construction (Part 3) and Construction Conclusion (Part 4). Each series of topics discuss informative summaries of what happens within each construction phase.

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Construction Law: An Overview for Homeowners; Part 1 of 4 – Pre-Construction

This is a continuing article series regarding Construction Law: An Overview for Homeowners. These include four different topics, Pre-Construction (Part 1), During Construction (Part 2), Post-Construction (Part 3) and Construction Conclusion (Part 4). Each series of topics discuss informative summaries of what happens within each construction phase.

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What is a Mechanics Lien, and How Can It Affect Your Construction Experience?

We all know what a lien is. Depending on which side of the claim you’re on, a lien could be a good thing or a bad thing. According to Black’s Law Dictionary, the true definition of a lien is “a claim, encumbrance, or charge on property for payment of some debt, obligation or duty”. So, how is a Mechanics Lien any different?

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How Homeowners Can Prevent Construction Fraud

We have all heard the expression, “Fool me once, shame on you. Fool me twice, shame on me.” But, how do we really know when we are being fooled? Though Construction Fraud was not listed in Investopedia’s Most Common Types of Consumer Fraud article, Construction Fraud is more common than you would think. Normally, when one thinks about the term “fraud”, you think of your credit card being compromised, but did you ever think of Construction Fraud, and ways you can prevent it?

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Long Island Construction Law Successfully Defends Homeowners Against Claims By Unlicensed Contractor

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.

 

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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.