Are contractors responsible for the impacts of their work on neighboring residents? Oftentimes, they are. This is especially true in densely populated urban areas where literally hundreds of people could be affected by a project only fifty feet away. Some of the principles in these cases are outlined below.
Continue reading “What About the Neighbors? How Contractor Liability Can Extend to Neighbors”
Long Island Construction Law does not own this content. This content was created by David Winzelburg and was published to the Long Island Business News on November 3rd, 2021.
“Nassau and Suffolk counties led the country in declining construction employment in September. The number of construction jobs in Nassau and Suffolk was down 6,000 jobs over the last year, a decline of 8 percent from Sept. 2020, according to the Associated General Contractors of America. The number of Long Island construction jobs dropped from 78,200 in Sept. 2020 to 72,200 in Sept. 2021.” – Long Island Business News
Are you about to start a construction project and wondering whether hiring a Construction Lawyer is a necessary expense to add to your budget? Wondering whether lawyers are recommended on large projects from start to finish or should lawyers be on the back burner until called upon? Hiring a Construction Lawyer prior to beginning a construction project may become essential to protecting your rights, assets, and property, if (or when) faced with a defective construction project, an absent construction crew, or even a non-paying property owner.
Continue reading “When is Lawyer Representation Truly Necessary?”
Under New York construction law, much emphasis is placed on the “improvement” of real property (real estate). Indeed reference to improvements are often found in New York construction contracts, and establishing an improvement is required for a contractor to establish a valid lien on a privately owned project. But what specifically are the ins and outs?
Is the prompt payment act at odds with public policy? In both general litigation and construction litigation, courts generally give parties great freedom to contract. Thus, New York’s policy is to enforce arbitration agreements in construction contracts.[i] Conversely, New York courts do not usually force parties into arbitration unless their contract expressly requires it.[ii]
Continue reading “The Prompt Payment Act: Is It At Odds With Public Policy?”
Long Island Construction Law does not own this content. This press release was created by the Governor’s Press Office. For more information, please visit the original article here, or email Press.Office@exec.ny.gov
Governor Kathy Hochul today joined the Metropolitan Transportation Authority (MTA) to take a special Long Island Rail Road (LIRR) test train to Grand Central Terminal and gave the public one of the first-ever looks at the new 350,000-square-foot East Side Access passenger terminal there. This is the largest new train terminal to be built in the United States since the 1950s and the first expansion of the LIRR in more than 100 years. Together with the LIRR third track project, the new connection will add 50 percent to the LIRR’s capacity into Manhattan with up to 24 trains per hour and cut travel time for Queens and Long Island commuters traveling to the east side by 40 minutes per day. It will also reduce crowding on commuter rail, at Penn Station and on the subway by dispersing commuters and allowing passengers to go directly to Grand Central Terminal from destinations across Queens and Long Island. The new commuter rail route and concourse officially open in December 2022.
Continue reading “East Side Access and Grand Central – From the Governor’s Press Office”
When it comes to construction contracts, arbitration and mediation (Alternate Dispute Resolution) are both commonly specified for out of court dispute resolution. The use of mediation and arbitration in construction contracts, both for small and large construction, has been increasingly common over the past decade.
In a recent client conference, I was asked, “So what is arbitration, anyhow?” In the context of a construction claim or in seeking to prevent such a claim, there are several significant advantages that arbitration can provide in lieu of litigation. In today’s challenging business environment, this signifies awareness of the various options available that could make an important impact on your business’ circumstance.
Continue reading “5 Reasons to Consider Arbitration for Your Construction Dispute”
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.
Continue reading “Blending of Public and Private Construction – Proceed With Caution”
Long Island Construction Law des not own this content. This content was written by David Winzelberg and was published to the Long Island Business News on October 25th, 2021.
How low can it go? That’s what commercial real estate brokers are asking about the vacancy rate for Long Island industrial properties, which has now fallen to the lowest level in recent history.
Continue reading “Long Island Industrial Vacancy Rate Drops to Record Low”
The Law Offices of John Caravella, P.C. offers a free initial consultation with a Long Island construction attorney to discuss your legal concerns with no obligation. To schedule an appointment, call our office today or fill out the form below.
