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]
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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?
In previous years, The Nassau Lawyer published an article written by Mr. Caravella, in response to wide range impacts related to contractors throughout New York, regarding the Scaffold Law Reform and current efforts in New York State. Contractors are encouraged to stay informed of these issues and reform efforts. To obtain a copy of this topic article, please visit www.nassaubar.org (Page 7) or visit www.liconstructionlaw.com
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.
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Often times in discussions with contractors, I hear many of the same types of issues repeat themselves, and from the perspective of counsel, quite preventable. While not every potential problem on a project can be determined upfront, keeping the following 5 tips for contractors in mind might be helpful in preventing problems, improving business practices, and effectively managing risks.
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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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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.
