Construction Law Blog

So What Is an Improvement, Anyhow?

 

Under New York construction law, much emphasis is placed on the “improvement” of real property (real estate). Indeed reference to improvements are often found in New York construction contracts, and establishing an improvement is required for a contractor to establish a valid lien on a privately owned project. But what specifically are the ins and outs?

Continue reading “So What Is an Improvement, Anyhow?”

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?

Continue reading “Protecting Yourself from Usury and Racketeering in Construction”

Long Island Construction Employment On The Rise

Long Island Construction Law did not create this content about Long Island Construction Employment. This article was written by David Winzelberg, and was published to the Long Island Business News on January 3rd, 2020.

Long Island Construction employment saw a significant increase in November as compared with the previous year, according to the latest report from the Associated General Contractors of America.

Continue reading “Long Island Construction Employment On The Rise”

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.

Continue reading “Post Contract Signing Considerations For The New York Contractor”

Defects By Design; Who is Liable for Bad Plans?


 

Construction is filled with countless risks, from weather conditions, labor strikes, material unavailability, subsurface conditions, inaccurate plans, and specifications, among others variables. Each has the potential to delay the project, cause increased completion costs, and increase the likelihood of disputes, liens, or litigation. Problems stemming from inaccurate plans and specs can quickly become the obstacles of others beyond just the design professional itself.

It is certain that New York construction law imposes principal responsibility for plan and specification accuracy on the design professional itself. The design professional is required to use the degree of skill, knowledge, and judgment generally used by other design professionals in the same geographic area.

CTA Button
 

Continue reading “Defects By Design; Who is Liable for Bad Plans?”

Challenging Construction Arbitration Awards in New York

Arbitration is an established alternative to court litigation in construction disputes. Challenging an unfavorable construction arbitration award is so difficult that homeowners may wish to give serious thought before submitting their disputes with contractors to arbitration. Courts give great deference to the decisions of arbitrators, refusing to review arbitration awards even for errors of law or fact.[1] There are few exceptions to this rule, and courts only invoke them in rare circumstances.

Continue reading “Challenging Construction Arbitration Awards in New York”

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.

Continue reading “Should Architects Be Exempt From Continuing Education?”

The Holidays – Beautiful, but dangerous? Holiday Safety Tips

When it comes to the holidays, we think of food, family and decorations, not necessarily holiday safety tips. Did it ever occur to you that decorations such as lights and candles could become dangerous? According to the ESFI, Electrical Safety Foundation International, damages from the holidays happen more than expected. Though holiday lights are traditional and festive, they should always be under close watch.

Continue reading “The Holidays – Beautiful, but dangerous? Holiday Safety Tips”

The Implied Warranty on the Sale of New Homes: What Homeowners & Contractors Need to Know

The traditional maxim of “let the buyer beware” is softened in the context of Article 36-B of the New York General Business Law, which imposes a warranty in favor of the buyers of new homes and holds construction contractors to a standard of skilled workmanship.

Continue reading “The Implied Warranty on the Sale of New Homes: What Homeowners & Contractors Need to Know”

Building on the Future: An Update on Long Island’s Biggest Construction Projects

Long Island Construction Law did not create this content. This article was written by David Winzelberg, and was published to the Long Island Business News on December 13th, 2019.

Continue reading “Building on the Future: An Update on Long Island’s Biggest Construction Projects”