Construction Law Blog

Construction Defects in New York; Part 3 of 6 – Defective Construction

This is a continuing article series on Construction Defects in New York, These include an introduction (part 1), design defects (part 2), defective construction (part 3), improper materials (part 4), improper installations (part 5) and finally important time limitations which apply to seeking legal action for defective construction in New York (part 6).

For a defect to be construction based, it can range in scope from a contractors failure to perform to completion of the project, to gross deviations from the approved construction plans and specifications.

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Construction Defects in New York, Part 2 of 6 – Design Defects

This is a continuing article series on Construction Defects in New York, These include an introduction (part 1), design defects (part 2), defective construction (part 3), improper materials (part 4), improper installations (part 5) and finally important time limitations which apply to seeking legal action for defective construction in New York (part 6).

Defects in construction design demonstrate themselves in various and wide-ranging ways, and sometimes by the actions the defects cause others to do.

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Construction Defects in New York; Part 1 of 6 – An Introduction

Defects exist throughout all construction projects and it’s likely no construction project is ever completed perfectly. In New York construction however, perfection is not the legal standard by which construction is generally measured. The standard used to judge completed construction is the ordinary and reasonable skill that is usually exercised by architects, engineers, contractors and others in that work.[1]Therefore, not all defects are necessarily actionable under New York construction law.

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Deck Inspection Resources (2020)

Deck Inspection Resources (2020) by Frank Woeste, P. E., Professor Emeritus, Virginia Tech. Spring is a great time to inspect your deck to make sure it is safe for continued use by your family and friends. The inspection resources listed herein should be useful for accomplishing a meaningful inspection of an existing deck for occupant safety.

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Legal Loopholes Foster Unethical Practices in Solar Energy Warranties

John Caravella of The Law Offices of John Caravella, P.C. was invited to contribute to the September issue of the Nassau County Bar Association’s newsletter on his thoughts and comments surrounding unethical practices in Solar Energy Warranties. To read the full article, please visit the Nassau County Bar Association here.

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YIMBY’s 2023 Construction Report Reveals 60 Percent Rise In Filings Over Previous Year (Reshare)

Long Island Construction Law does not own this content. This content was created by and was published to YIMBY. To view the full article, please click here. 

According to the cumulative data for permit filings for new construction in New York City in 2022, the Big Apple’s construction scene has some rather positive numbers to report. The data from the Department of Buildings shows that, over the course of the year, the city’s developers filed for a total of 3,225 new buildings, a 60 percent increase over last year’s tally of 2,017 permits. The total volume of new filed-for floor space also rose from 53 million square feet in 2021 to 66 million square feet in 2022. The combined volume of new residential and hotel unit filings increased from 45,019 in 2021 to 49,965 in 2022, and the full report in Excel format is available with a subscription to YIMBY’s Building Wire.

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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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Post Contract Signing Considerations For The New York Contractor

Contractors and subcontractors frequently consult with their attorneys in the negotiation of construction contracts before they are signed, but counsel’s involvement generally ends at that point until and unless litigation arises down the road. Nevertheless, additional consultation with attorneys after execution of contracts can ensure that contractors and subcontractors meet their respective obligations and may confer savings that far offset the costs.

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Should Architects Be Exempt From Continuing Education?

The New York Education Department, Office of the Professions, regulates the licensing of the various professions, such as Lawyers, Certified Public Accountants, Architects, and other professions practicing within the state. Typically these professionals must pass initial education and examination requirements, and are also required to maintain certain levels of continuing education units. These requirements are intended to foster continued education and training throughout their career.

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A New Way To Lower Housing Construction Costs

Long Island 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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