Construction Law Blog

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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Judge tosses lawsuit against Belmont Park project

Rendering of Belmont Park project courtesy of Empire State Development. Long Island Construction Law did not create this content. This article was written by The Associated Press, and was published to the Long Island Business News on May 14th, 2020.

A State Supreme Court judge has tossed a lawsuit that sought to stop construction on the $1.3 billion Belmont Park arena project, ruling against the claims of the Village of Floral Park and local civic groups that contested the state’s process in approving the development.

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What Design Professionals Should Consider Before Filing a New York Mechanic’s Lien

Like contractors and material suppliers, architects and engineers are provided lien rights under New York law to secure payment for authorized professional services rendered. Although the architect or engineer has provided professional services, as compared to materials or labor, their need to comply with the same timeframes and filing requirements still apply.

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Protections Provided to Contractors and Architects Under New York’s Economic Loss Rule

In a nutshell, the  “economic loss rule” is a rule that courts use to prevent a plaintiff from against a defendant for a tort (usually negligence) when the essence of the claim is for failure to live up to the terms of a contract.

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NY Supreme Court Strikes Contractor Liability Limitation Provision

                                  Image: (J. Scott Applewhite/AP) 2019.

Many contractors and subcontractors go about their work feeling protected from claims for damages because their agreements contain certain exclusions. Some of these agreements will even have language stating ‘Not responsible for [X, Y, and Z]’. But the ruling handed down February 14, 2012, by the Supreme Court, Nassau County serves as a reminder that contractual indemnity provisions are more of a privilege than a right, and are not subject to enforcement automatically.

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Construction Contract Document Conflict

 

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.

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Toxic Risks in Home Renovations

Renovating Carries Toxic Chemical Risks, but Hazards Can Be Minimized

During any home renovation project, care should be taken to protect the home’s residents from any toxic substances that might be removed or installed. Lead, asbestos and other harmful substances lurk in many homes and could cause serious health problems if disturbed. Here’s a look at some of the most common hazardous chemicals homeowners are faced with during remodeling and what can be done to reduce those risks.

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Construction Plans and Architectural Designs

Drawing: Electrical layout of office building. (Tanner-Linscott & Associates, Architects.)

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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US Home Construction Falls 22.3% in March

Content: Long Island Construction Law did not create this content. This article was written by The Associated Press, and was published to the Long Island Business News on April 16th, 2020.

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