Changes vs Cardinal Changes: The limit of Construction Contract

Changes are an unavoidable aspect of construction. Although thorough effort and coordination are required in preparing the original project contract, specifications and construction drawings, there will still be changes. This is why owners are provided the right to make changes to the work under a typical contract changes clause.

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Construction Law: An Overview for Homeowners; Part 4 of 4 – Conclusion

This is a continuing article series regarding Construction Law: An Overview for Homeowners. These include four different topics, Pre-Construction (Part 1), During Construction (Part 2), Post-Construction (Part 3) and Construction Conclusion (Part 4). Each series of topics discuss informative summaries of what happens within each construction phase.

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Construction Law: An Overview for Homeowners; Part 3 of 4 – Post-Construction

This is a continuing article series regarding Construction Law: An Overview for Homeowners. These include four different topics, Pre-Construction (Part 1), During Construction (Part 2), Post-Construction (Part 3) and Construction Conclusion (Part 4). Each series of topics discuss informative summaries of what happens within each construction phase.

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Legal Issues for New York Architects; Part 5 of 6 – Understanding and Complying with the Law on Design Professional Service Corporations

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.

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Construction Industry Challenges in Wage and Labor Violations

The minimum wage and overtime provisions under federal and New York law affect all employers, but contractors are further subject to an additional, unique wage scheme in the form of prevailing wages. To learn more, please download our complimentary article regarding New York Employment and Wage Law. Continue reading “Construction Industry Challenges in Wage and Labor Violations”

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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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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The Importance of Cleaning Construction Waste

Everybody loves an exciting renovation project. Whether it’s finishing floors, replacing drywall, or even as simple as painting the walls. When it comes to such projects, there will be debris left behind. Construction waste is any “trash” on a job site from leftover materials. Some of these materials could contain harmful chemicals such as lead, mercury, asbestos and even live wires and sharp, dangerous objects. Discarding and eliminating leftover construction waste properly is extremely important for your safety, and even the surrounding environment. Construction waste comes in many different forms. The most common forms are listed below.

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Why Homeowners are Vulnerable When Hiring an Unlicensed Contractor

Managing a budget is generally a high priority on a homeowner’s list when beginning a home improvement project.  Unfortunately, many homeowners make the mistake of saving money by hiring an unlicensed contractor.  Although it may seem to be the more attractive, less expensive option, hiring an unlicensed contractor to save some money could be very problematic, leading to long-term negative financial effects or legal consequences.  This is due to the fact that there is no guarantee that an unlicensed contractor will have the necessary insurance policies in place to protect your property, themselves, their workers, and any other damages that may arise from their construction work.

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Construction Plans and Architectural Designs

It’s one thing to say what you want in your construction project, but it is another thing to properly document your dream design on paper in the form of legitimate construction plans. Within this article, you will have a better understanding of what is included in detailed construction plans, as well as the understanding of common symbols used in the architectural industry. Whether you are a project owner or contractor, always remember your construction drawings take precedence over performance specifications in the state of New York.

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