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.
Continue reading “Your Contractor Abandoned Your Project – Now What?”
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.
Continue reading “Long Island Construction Law Successfully Defends Homeowners Against Claims By Unlicensed Contractor”
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”
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.
Continue reading “The Importance of Cleaning Construction Waste”
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.
Continue reading “Why Homeowners are Vulnerable When Hiring an Unlicensed Contractor”
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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Given the large number and variety of documents required to administer a construction project today (plans, specifications, contracts, etc.), the likelihood of discrepancies arising between these different sources is almost unavoidable.
Do you know how these documents rate in terms of their authority? Continue reading “Construction Contract Document Conflict”
Last quarter, John Caravella was invited to speak at the AIA Contract Documents Workshop where he was able to share his knowledge about Construction Contract Interpretation and Fundamentals. In this specific article, we discuss the document types between different parties, to ensure the correct contract is being utilized for your specific type of work.
Continue reading “Primary AIA Contract Documents”
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”
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 the Roles and Relationships of Construction Project Participants. This way, we can fully understand who really does what on a construction job site.
Continue reading “Understanding Roles and Relationships of Construction Project Participants. Who Does What?”