Construction Law Blog

Construction Law Blog

The Hidden Hurdles of Homeowners Associations

Homeownership is often lauded as the quintessential American dream, offering a sense of stability, community, and personal investment. Yet, for millions of homeowners, this dream comes with a unique set of challenges bundled within the structure of a Homeowners Association (HOA). While HOAs are designed to maintain property values and foster a cohesive community, they frequently present a labyrinth of rules, fees, and disputes that can turn the dream into a nightmare.

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Blending of Public and Private Construction – Proceed With Caution

Traditionally, New York Construction Law sets separate rules of engagement for public projects (where the owner is a public entity) and those that are private construction projects (where the owner is a private individual or corporation). Given these two distinct camps, it has been easy to classify a project as either a public project or a private one. For contractors, subcontractors and suppliers, knowing which rules of engagement pertain to them is essential to avoid making costly mistakes.

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Construction Accessibility in New York State

In a state as diverse and densely populated as New York, ensuring accessibility in construction isn’t just a legal requirement—it’s a social imperative. With millions navigating New York’s built environments daily, including individuals with disabilities, accessible design is essential. New York follows federal standards under the Americans with Disabilities Act (ADA) and Architectural Barriers Act (ABA), but also enforces state and city-specific building codes that often go beyond federal requirements.

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New York’s Coastal Permitting Landscape: Docks, Piers, Seawalls, and Marina Disputes

New York State, with its extensive and diverse coastline along the Atlantic Ocean, Long Island Sound, Great Lakes, and numerous rivers and bays, presents a complex regulatory environment for any proposed waterfront construction. For property owners and developers contemplating structures like docks, piers, seawalls, or even entire marinas, understanding the intricate permitting process is paramount. Failure to do so can lead to significant delays, costly legal battles, and ultimately, project abandonment.

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The Implied Warranty on the Sale of New Homes: What Homeowners & Contractors Need to Know

The traditional maxim of “let the buyer beware” is softened in the context of Article 36-B of the New York General Business Law, which imposes a warranty in favor of the buyers of new homes and holds construction contractors to a standard of skilled workmanship.

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Should Architects Be Exempt From Continuing Education?

The New York Education Department, Office of the Professions, regulates the licensing of the various professions, such as Lawyers, Certified Public Accountants, Architects, and other professions practicing within the state. Typically these professionals must pass initial education and examination requirements, and are also required to maintain certain levels of continuing education units. These requirements are intended to foster continued education and training throughout their career.

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What’s New in New York Construction? – October 2025

New York’s construction industry continues to evolve under the weight of regulation, sustainability mandates, and shifting workforce demographics. This month’s key developments highlight the ongoing impact of the state’s Scaffold Law, new challenges tied to the all-electric building mandate, and persistent pay disparities among women in construction. Together, these stories illustrate how legislation, infrastructure, and labor equity intersect to shape the future of building in New York.

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A Deep Dive into OSHA’s Updated Hazard Communication Standard

A major overhaul is coming to the Occupational Safety and Health Administration’s (OSHA) Hazard Communication Standard (HCS) in 2025. These updates are meant to align the U.S. with the Globally Harmonized System of Classification and Labelling of Chemicals (GHS) Revision 7, a global system for chemical safety. While the core purpose of HCS—ensuring workers are informed about chemical hazards—remains, the new rules introduce significant changes to labeling, Safety Data Sheets (SDSs), and hazard classification. Staying ahead of these changes is critical to avoiding costly penalties, reducing workplace risks, and ensuring a smooth transition.

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Alternative Dispute Resolution An Option For Construction Contractors Under NY’S Prompt Payment Act

Perhaps the most common construction-related dispute is the refusal of a party to make payment to its contractors or subcontractors. While litigation is the traditional avenue for resolving such disputes, methods of alternative dispute resolution such as arbitration and mediation are enjoying growing importance in the field of construction law.

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Seawalls and Living Infrastructure Along America’s Eastern Seaboard

As climate change accelerates sea-level rise and intensifies coastal storms, communities along the Eastern Seaboard—from Florida to New England—are investing in seawalls and exploring innovative alternatives like living seawalls. These structures are not just engineering feats; they represent a critical intersection of climate adaptation, sustainability, and urban planning. Continue reading “Seawalls and Living Infrastructure Along America’s Eastern Seaboard”

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