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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Long Island Construction Law did not create this content. This article was written by David Winzelberg, and was published to the Long Island Business News on March 15th, 2019.
The number of construction jobs on Long Island continued to climb in January as compared with the previous year, according to the latest report from the Associated General Contractors of America.
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A Helpful Guide for Homeowners, Contractors, and Commercial Business Owners
Whenever we hear the terms Usury and Racketeering, we think of two things, organized crime, and the RICO Act. But did you know that these two terms are very common within the New York Construction industry? Whether you are a homeowner, a contractor or a commercial business owner, usury and racketeering come in many different shapes and sizes. What are the types of Construction Usury, and how can we protect ourselves?
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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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Like the strings of a marionette puppet, after the completion of a New York construction project, there are various legal theories that serve as ties between the builder and the owner. For the builder, the sooner these lingering ties can be removed the less exposure they face for claims of defects. For the owners, the longer they are able to establish these connections, the longer they may have legal recourse against the builder for defects.
Continue reading “Strings of a Marionette Puppet”
One of the most common causes of home elevation is extreme weathering and flooding. In general, there are two options when deciding to elevate your home. The homeowner can physically lift the home, building a new foundation at the bottom, or leaving the home as is, but just building a “livable space” upper level, alternatively converting the ground level to a complete closure.
Continue reading “Is It Worth It To Elevate Your Home?”