Construction Law Blog

Design Professional Liability on Completed Work

For New York Architects, Landscape Architects, Engineers, and Land Surveyors, exposure to liability on their completed projects may extend long beyond the completion of the project itself. Exactly how long design professionals can be ‘on the hook’ for claims has been a bit of a moving target in New York, with changes and proposed additional changes to this timeframe.

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The Home Improvement Licensing Rule: A Shield And Not A Sword

If you have read previous articles of this blog, you may be aware that New York construction contractors can be barred from suing or enforcing a mechanic’s lien if they do not possess required home improvement licenses, which has resulted in the dismissal of many contractors’ claims. On the other hand, project owners sometimes argue that a contractor’s failure to possess a license should not only prevent the contractor from recovering more money but should require the contractor to return all monies already paid for the work. Courts’ responses to this argument have been mixed.

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The Inconvenient Termination for Convenience

Many construction contracts in New York make reference to how or why one or both parties are provided the right to terminate the agreement. One such typical form of termination, ‘Termination for Convenience’, may be provided.

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Homeowner Liability for Contractor Injuries in New York

Can homeowners be held responsible for injuries that may occur to contractors while work is being done on their property? Many homeowners love new home face-lifts, but did they ever think what a dangerous home improvement job consisted of? Well, what happens if a contractor is injured while working? Who is responsible for their medical costs?

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Complying with the Rules and Regulations on the Practice of Architecture; Part 2 of 2 – Disciplinary Actions and Revocation of your Architectural License.

This is a continuing article series regarding Compliance with the Rules and Regulations on the Practice of Architecture. These include two topics, Requirements & Duties of Maintaining your Architectural License (Part 1), and Disciplinary Actions and Revocation of your Architectural License (Part 2). Continue reading “Complying with the Rules and Regulations on the Practice of Architecture; Part 2 of 2 – Disciplinary Actions and Revocation of your Architectural License.”

Complying with the Rules and Regulations on the Practice of Architecture; Part 1 of 2 – Requirements & Duties of Maintaining your Architectural License.

This is a continuing article series regarding Compliance with the Rules and Regulations on the Practice of Architecture. These include two topics, Requirements & Duties of Maintaining your Architectural License (Part 1), and Disciplinary Actions and Revocation of your Architectural License (Part 2).

Continue reading “Complying with the Rules and Regulations on the Practice of Architecture; Part 1 of 2 – Requirements & Duties of Maintaining your Architectural License.”

State of the Region: Developers See the Future Taking Shape in Western New York – A Buffalo Business First Article

Long Island Construction Law does not own this content. This content was created by Buffalo Business First, and was published on May 10th, 2024. To view the full article, please click here.

Generational construction projects are giving impressive shape to Western New York’s landscape. The stadium under construction in Orchard Park and the 3-million-square-foot Amazon distribution facility in the Town of Niagara are projects of size and scale that are unusual for the region.

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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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Are We On The Same Page? How Construction Document Conflicts Are Resolved

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. Do you know how these documents rate in terms of their authority?

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The 7 Major Delay Claims in New York

New York construction law allows for the pursuit and collection of damages for delay, depending on the underlying project facts and contract terms. Where these delay claims are available, courts in New York recognize 7 major categories of delay, which may establish claims for compensation.

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