Construction Law Blog

Nassau County Bar Association Offers Alternatives To Litigation

Construction disputes are not going away any time soon, so every contractor will eventually be faced with the prospect of deciding whether to go to court to get paid for its work. Litigation in the court system has been the traditional collection method for contractors, but the length and costs of litigation mean that recovering might take years and absorb a chunk of your recovery, and the backlog in the court system has led courts to encourage litigants to seek alternatives to litigation – other means of getting paid.

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Defects By Design; Who is Liable for Bad Plans?

Construction is filled with countless risks, from weather conditions, labor strikes, material unavailability, subsurface conditions, inaccurate plans, and specifications, among others variables. Each has the potential to delay the project, cause increased completion costs, and increase the likelihood of disputes, liens, or litigation. Problems stemming from inaccurate plans and specs can quickly become the obstacles of others beyond just the design professional itself.
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So What Is an Improvement, Anyhow?

Under New York construction law, much emphasis is placed on the “improvement” of real property (real estate). Indeed reference to improvements are often found in New York construction contracts, and establishing an improvement is required for a contractor to establish a valid lien on a privately owned project. But what specifically are the ins and outs?

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Construction Contract Drafting Considerations

To minimize potential legal problems when planning construction, whether the project is a large commercial project, a new residence, or even a renovation to an existing structure, care must be taken to have essential terms included in the contract.

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Recovering from a Natural Disaster – What You Should Do

As we know, many of our neighbors are currently combating the harsh realities of post-disaster re-building. From hurricanes, earthquakes, wildfires, and tsunamis, we’ve come to know and understand the challenges that are faced when disasters like these occur. Luckily, in the United States, we have aid measures in place to help us recover from any such disaster. FEMA and the American Red Cross are two of the most common relief programs in the country.

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A Tale of Two States: Understanding Breach of Construction Contracts in New York and Florida

Construction projects, by their very nature, are a complex web of promises and obligations. From timelines and payments to materials and workmanship, a detailed contract is the blueprint for a successful project. But what happens when one party fails to follow the plan? This is where a breach of the construction contract comes into play. While the fundamental principles are similar across the country, New York and Florida have their own specific laws and legal nuances.

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Construction Industry Trends 2025 – 2026

Whether you’re basking in the Florida sunshine or braving the bustling streets of New York, the construction industry is undergoing a significant transformation. This article dives into the key trends shaping the future of building in both New York State and Florida State, while also touching upon their largest ongoing projects.

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New York and Florida are pouring money into Airport Construction. Why?

Airports today are no longer just runways and ticket counters — they’re massive nodes of commerce, logistics, and transportation that shape regional economies. That’s why states such as New York and Florida have committed large sums to airport construction and modernization: rising passenger and cargo demand, federal funding opportunities, global competition for air traffic and tourism, and the local economic development that modern airports enable. Below I explain the main drivers, how airport projects interact with surrounding infrastructure, the key pros and cons, and examples from New York and Florida to ground the discussion.

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Building & Delivering Modular Homes: A State-by-State

Modular homes—factory-built structures assembled on-site—are revolutionizing housing with speed, efficiency, and sustainability. But navigating the regulatory landscape can be complex, especially when requirements vary by state. This guide dives deep into the modular home regulations in New York and Florida, then offers a state-by-state directory to help builders, buyers, and developers understand the rules across the U.S.

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The Power of an Audit Clause

A construction project’s success often hinges on trust and transparency, especially in a cost-plus contract. In this type of agreement, the owner pays the contractor for all project costs—like labor, materials, and subcontractors—plus an additional fee for overhead and profit. This structure is common for projects with an uncertain scope, but it exposes the owner to a significant risk of cost overruns and inflated billing. This is where the owner’s audit rights become indispensable.

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