Construction Law Blog

New York Construction Delays, All Things Being Equal, They’re Not

Everyone knows that time is money, and in particular this is true with New York construction contracts. It is also well known that delays are often part of the construction reality, along with change orders and extras. Delays impact owners, contractors and subcontractors.

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Is It Worth It To Elevate Your Home?


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.

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Understanding the Importance of Building Permits

What do you need a building permit for? This is one of the most common questions regarding construction. Building permits are both important and necessary and the failure to obtain one can cause major obstacles down the road.  Building permits are needed whenever a homeowner is altering or expanding their current home, installing a swimming pool, deck, shed or more.  Building permits are more important than you think, and here’s why!

 

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Changes vs. Cardinal Changes: The Limit of Construction Contract Changes


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.

However, the ability for owner requested changes, even if provided in the contract, are not without limitations, restrictions, and consequences. After all, what purpose would any of the project documents, contracts and drawings serve if they were subject to constant change? What good would the contract serve if the owner could make any change(s) without consequence?

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Land’s End

Long Island Construction Law does not own this content. This content was created by David Winzelberg and was published to the Long Island Business News on May 27, 2021.

As America’s first suburb, Long Island grew quickly in the years after World War II, when returning GIs sought to put down roots and raise families.

Starting in 1947 with Levitt & Sons, which built thousands of new homes in an area called Island Trees that would come to be known as Levittown, residential neighborhoods began springing up in Nassau and Suffolk counties in the second half of the 20th century as homebuilders gobbled up woods and farmland to build massive subdivisions of single-family houses.

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Understanding Lien Waivers for Contractors – Inside and Out

For contractors and subcontractors in New York, Mechanic’s Lien Waivers are a part of life, but the potential risks to the contractor in waiving more than intended or understanding of the terms are not always as common. Owners (and often their lender) require that the project be kept lien free through progression of the work to final completion. This means that, as a contractor or subcontractor, you will undoubtedly be asked to execute a Mechanic’s Lien Waiver at some time or another, often in conjunction with applying for payment. If you do so however without paying attention to the specific language of the Waiver, you might lose more than you bargained for. Within this article, we share two examples of Lien Waivers. A Contractor’s Final Waiver and a Contractor’s Partial Waiver.

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Construction Spending Posts Modest 0.2% Gain in April

Long Island Construction Law does not own this content. This content was created by the Associated Press and was published to the Long Island Business News on June 1, 2021.

U.S. construction spending rose a modest 0.2% in April as strength in housing offset further weakness in nonresidential construction. The April increase followed a much stronger 1% gain in March which was revised up from an initial estimate of a slight 0.2% advance. The April increase pushed construction to a seasonally adjusted annual rate of $1.52 trillion in April, 9.8% higher than a year ago, the Commerce Department reported Tuesday.

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Punitive Damages Claims in New York Construction Contract Disputes

One topic that came up in my practice recently was a contractor’s potential exposure to liability for punitive damages under New York law. As the name suggests, punitive damages are awarded above and beyond their contract or property damages, ‘where the wrong done was aggravated by circumstances of violence, oppression, malice, fraud, … on the part of the defendant, and are intended to address the plaintiff’s mental anguish or other aggravation, to punish the defendant for its behavior.’ Black’s Law Dictionary 390 (6th Ed. 1991).

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Holiday Weekends and Property Damage Liability

We all enjoy a warm weathered weekend with friends and family. In most cases, the only concern at barbecues is if the sun is going to stay out all day. But did you ever consider other concerns such as property safety and liability during the dog days of Summer? According to the National Fire Prevention Association, house fires due to barbecuing, holiday decorations and fireworks are more common then we think.

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Long-Planned Roslyn Rental Project Advances With New Developer

Long Island Construction Law did not create this content. This content was created by David Winzelberg and was published to the Long Island Business News on May 3, 2021.

The long-planned redevelopment of a waterfront industrial property in Roslyn is back on track, with a different developer at the helm. Huntington-based G2D Development is advancing a $22 million project to bring 33 rental apartments to a 1.37-acre industrial site at 45 Lumber Road.

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