Is your Construction Site up to Safety Standards?

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.

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Important Considerations and Contract Clauses to Consider

On October 17th, John Caravella was invited to speak at the AIA Contract Document Workshop where he was able to share his knowledge about Construction Contract Interpretation and Fundamentals. In this specific article, we share Important Considerations and Contract Clauses to Consider, before signing the agreement.

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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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Commissioner’s Regulations in Architecture

Though an architect is responsible for designs and drawings, they also play a part in structural safety. Whether building single-family homes or a large corporate building, a professional in the architectural industry must have the proper education and experience to practice. This article about the commissioner’s regulations in architecture was presented by John Caravella during the “Design Professionals in New York” speaking engagement produced by HalfMoon Seminars.

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5 Reasons that may Justify the Termination of your Construction Agreement

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”

Standards of Care Within A Construction Agreement: When You No Longer Trust Your Fiduciary.

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?

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Insights from a Construction Litigation Attorney About Arbitration Pros and Cons for Homeowners and Unlicensed Contractors

 

It is an all-too-common situation in New York: homeowners hire a home improvement contractor only to find out, after a contract dispute arises, that the contractor was unlicensed in violation of local ordinances. While court decisions in these disputes have generally gone in favor of homeowners, a body of case law suggests that the results are by no means so favorable to homeowners when arbitration awards to unlicensed home improvement contractors come up for review. In those cases, the deference of courts to the decisions of a construction litigation attorney creates tension with the public policy of protecting homeowners from unlicensed contractors.

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The Prompt Payment Act: Is It At Odds With Public Policy?

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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Your Contractor Abandoned Your Project – Now What?

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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Long Island Construction Attorney John Caravella Invited to Speak at the AIA Contract Document Workshop

On October 17th, 2019 John Caravella, a Long Island Construction Attorney, will be speaking at the AIA Contract Document Workshop located in Ronkonkoma, New York. Held and organized by Halfmoon Education Incorporated, the AIA Contract Document Workshop will analyze most common AIA contract documents and ways to use them. Specifically, this seminar will cover the examination of primary AIA Contract documents and General Conditions, learning about supplemental or alternate AIA contract documents, reviewing contract fundamentals, agreements between owner, architect, designer-builder and construction manager and evaluating completed contract documents for sample projects.

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