Construction Law Blog

Nassau County Bar Association Offers Alternatives To Litigation

Construction disputes are not going away any time soon, so every contractor will eventually be faced with the prospect of deciding whether to go to court to get paid for its work. Litigation in the court system has been the traditional collection method for contractors, but the length and costs of litigation mean that recovering might take years and absorb a chunk of your recovery, and the backlog in the court system has led courts to encourage litigants to seek alternatives to litigation – other means of getting paid.

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Bill Passed by New York Legislature that Prohibits Construction of New Schools within 500 feet of Highways

Long Island Construction Law does not own this content. This content was created by  Michael Elsen-Rooney and was published to the Daily News on Jul 10, 2022.

A bill passed last month by the New York state legislature would prohibit districts from building new schools within 500 feet from freeways to cut down on exhaust fumes seeping into classrooms.

The legislation, which is now awaiting a signature from Gov. Hochul, is an effort to address long-standing environmental injustices that have left students of color and low-income kids disproportionately exposed to pollutants that can affect their health and academic success, supporters say.

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A New Way To Lower Housing Construction Costs

LI Construction Law does not own this content. This content was created by Iohud, and was published on June 7, 2021.

To grasp just how untenable New York’s housing situation truly is, consider this statistic: A recent survey found a stunning 40% of adults in the Empire State find it difficult to pay normal household expenses, among the highest percentage reported across the nation.

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Five Crucial Surety Bond Principles for New York Contractors

Long Island Construction Law does not own this content. The following article has been written by Danielle Rodabaugh, who has outlined an informative examination of bonding principles in New York construction.

Although surety bonds have been used to regulate New York’s construction industry for decades, many contractors still have a limited understanding of their purpose.

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Pitfalls in Extending a Mechanic’s Lien on Residential Properties

 A Lien (or ‘Mechanic’s Lien’) is a potentially powerful tool for contractors, architects, engineers, or suppliers of materials to secure payment for work performed ‘improving’ a property[1]. To properly ‘perfect’ a lien claim, however, strict compliance with the nuances of the New York lien law is required, and often times there are details in the process commonly overlooked.

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What is a Mechanics Lien, and How Can It Affect Your Construction Experience?

We all know what a lien is. Depending on which side of the claim you’re on, a lien could be a good thing or a bad thing. According to Black’s Law Dictionary, the true definition of a lien is “a claim, encumbrance, or charge on property for payment of some debt, obligation or duty”. So, how is a Mechanics Lien any different?

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Architects Will See Greater Demand in Services as More Construction Projects Get Underway

John Caravella, a Construction Attorney at The Law Offices of John Caravella, P.C. and a former architect, says a recent report showing a lower demand for architects’ services last month is part of the business cycle and that, in some parts of Long Island, demand has been steady, especially for the construction of high-end and luxury homes. He adds that the improving economy will mean architects will be in greater demand as more money will be spent on construction projects.

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Top 5 Contractor Defenses in New York

Contractors are not only responsible for performing their contracted work, but are also charged with keeping the owner and the subcontractors working together to bring the project to completion successfully. Given this, they are regularly the subject of legal disputes. For this reason, many could benefit from an understanding of the following top 5 contractor defenses available in New York.

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Potential Liability With Cost-Plus Construction Contracts

What is a cost-plus construction contract? A cost-plus construction contract is a contract in which a contractor agrees to be paid for all of his costs including a certain percentage for his expenses and profit. The pros vs. the cons of cost-plus construction contract format are a business decision, but cost-plus construction contract also raises legal issues contractors should be aware of before agreeing.

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Top 5 Tips for New York Residential Contractors

Often times in discussions with contractors, I hear many of the same types of issues repeat themselves, and from the perspective of counsel, quite preventable. While not every potential problem on a project can be determined upfront, keeping the following 5 tips for contractors in mind might be helpful in preventing problems, improving business practices, and effectively managing risks.

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