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.”
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”
Construction contracts could be challenging and difficult to read but learning the basic terms can really make a difference. 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 simplified definitions of commonly used words within a construction agreement as well as exploring the law of Construction Contract Interpretation.
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Time and time again, homeowners hire fraudulent contractors without knowing so. There are many instances where the homeowner will hire a contractor without really knowing what they’re all about. Usually out of excitement, or desperation to complete unfinished work, homeowners will too often hire their contractor based off an estimate, without digging deeper as to the insurance status or legitimacy of the contractor’s business. With that said, what are the top 3 things every homeowner needs to verify before hiring a contractor and signing the contract? Continue reading “Hiring a Contractor: Top 3 Things Every Homeowner Needs To Verify”
Long Island Construction Law did not create this content about New York Construction. This article was written by David Winzelberg, and was published to the Long Island Business News on September 26th, 2019.
After a drop in activity in July, the number of New York-area residential construction starts rebounded in August, as both residential and nonresidential construction starts increased.
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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?”
This is a continuing article series regarding Legal Issues for New York Architects. Originally presented by John Caravella, of the Law Offices of John Caravella, and Kimberly A. Steele of The Steele Law Firm and produced by HalfMoon Education Seminars, this presentation touches on the following topics, Complying with the Rules and Regulations on the Practice of Architecture (Part 1), Complying with New York Rules on Unprofessional Conduct (Part 2), Understanding and Complying with Barrier-Free Requirements (Part 3), Design and Construction Contract Law and Administration (Part 4), Understanding and Complying with the law on Design Professional Service Corporations (Part 5) and Building Code Updates (Part 6). Each series of topics discuss informative summaries of Legal Issues for New York Architects.
Continue reading “Legal Issues for New York Architects; Part 6 of 6 – Building Code Update”
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?
Continue reading “What is a Mechanics Lien, and How Can It Affect Your Construction Experience?”
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.
Continue reading “Long Island Construction Employment is Still Rising”
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?
Continue reading “Protecting Yourself from Usury and Racketeering in Construction”