Construction Law Blog

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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How Homeowners Can Prevent Construction Fraud

We have all heard the expression, “Fool me once, shame on you. Fool me twice, shame on me.” But, how do we really know when we are being fooled? Though Construction Fraud was not listed in Investopedia’s Most Common Types of Consumer Fraud article, Construction Fraud is more common than you would think. Normally, when one thinks about the term “fraud”, you think of your credit card being compromised, but did you ever think of Construction Fraud, and ways you can prevent it?

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New York Grants will help Cities and Towns Rehabilitate Blighted Buildings – A Rochester Business Journal Article

The Law Offices of John Caravella, P.C. does not own this content. This content was created by Kevin Oklobzija Of The Rochester Business Journal, and was published to the Long Island Business News on 2/22/2024. To view the full article, please click here.

New York State is making $60 million available to assist municipalities in efforts to transform blighted buildings into residential, commercial and mixed-used developments.

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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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Long Island Construction Law Obtains Contractor Victory in Wrongful Termination

What does Long Island construction law say about terminating construction agreements? Despite the increasingly common use of arbitration in construction agreements, the New York Supreme Court has clarified that owners cannot terminate their construction agreement and fail to follow requirements for termination without repercussions. A recent pre-arbitration victory by John Caravella, Esq. confirms that the court unwilling to waive terms contained for termination and remedial efforts post termination to cure will not suffice to transform a wrongful termination into a termination for cause.

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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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Trade Group Reports Long Island Construction Employment Continues to Decline – A Long Island Business News Article

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 2/9/2024. To view the full article, please click here.

Construction employment on Long Island saw a year-over-year decrease for the seventh straight month in December, according to a new report from the Associated General Contractors of America. 

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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 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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