Construction Law Blog

Protecting Yourself from Usury and Racketeering in Construction

Whenever we hear the terms Usury and Racketeering, we think of two things, organized crime, and the RICO Act. But did you know that these two terms are very common within the New York Construction industry? Whether you are a homeowner, a contractor or a commercial business owner, usury and racketeering come in many different shapes and sizes. What are the types of Construction Usury, and how can we protect ourselves?

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Architectural Hierarchy 101

When you are working on a renovation project or building a home from the ground up, it is not just one person pulling the strings and leading the operation, learn the architectural hierarchy.  Behind every architectural firm is a small army of individuals with specific roles and responsibilities to make your dream a reality. Within this article, we will share the chain of command within an architectural firm. To learn what you should be looking for when hiring such architects, please review our blog posting titled “Considerations When Hiring an Architect” below.

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Construction Law: An Overview for Homeowners; Part 4 of 4 – Conclusion

This is a continuing article series regarding Construction Law: An Overview for Homeowners. These include four different topics, Pre-Construction (Part 1), During Construction (Part 2), Post-Construction (Part 3) and Construction Conclusion (Part 4). Each series of topics discuss informative summaries of what happens within each construction phase.

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Construction Law: An Overview for Homeowners; Part 3 of 4 – Post-Construction

This is a continuing article series regarding Construction Law: An Overview for Homeowners. These include four different topics, Pre-Construction (Part 1), During Construction (Part 2), Post-Construction (Part 3) and Construction Conclusion (Part 4). Each series of topics discuss informative summaries of what happens within each construction phase.

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Construction Law: An Overview for Homeowners; Part 2 of 4 – During Construction

This is a continuing article series regarding Construction Law: An Overview for Homeowners. These include four different topics, Pre-Construction (Part 1), During Construction (Part 2), Post-Construction (Part 3) and Construction Conclusion (Part 4). Each series of topics discuss informative summaries of what happens within each construction phase.

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Construction Law: An Overview for Homeowners; Part 1 of 4 – Pre-Construction

This is a continuing article series regarding Construction Law: An Overview for Homeowners. These include four different topics, Pre-Construction (Part 1), During Construction (Part 2), Post-Construction (Part 3) and Construction Conclusion (Part 4). Each series of topics discuss informative summaries of what happens within each construction phase.

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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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Construction Contract Drafting Considerations

To minimize potential legal problems when planning construction, whether the project is a large commercial project, a new residence, or even a renovation to an existing structure, care must be taken to have essential terms included in the contract.

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How and When Filing a Mechanic’s Lien Protects you from Payment Refusals

Throughout time, circumstances arise where a homeowner feels the need to breach their contract by refusing to pay their contractor or architect for services that were already performed and/or provided.  For example, perhaps a homeowner feels that the contractor’s work is not what was agreed upon or is subpar, or maybe even because the project took longer than expected to complete, so in turn, the homeowner may decide to refuse to pay the contractor for work already performed or even dispute the previously charged credit card transaction.  This raises the age-old question: Is the customer truly, always right?

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John Caravella’s Article on Affirmative Action for Contractors

John Caravella’s Article on Affirmative Action for Contractors to be Featured in Nassau County Bar Association’s “The Nassau Lawyer” Publication

The Nassau Lawyer has publish an article written by Mr. Caravella, regarding protected classes and anti-discrimination laws within New York State. Business Owners and Contractors are encouraged to stay informed of these issues and reform efforts. To obtain a copy of this topic article, please visit www.nassaubar.org, or please scroll down below.

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