Though the holiday season represents happiness and channeling positive energy for the New Year, unfortunate events can happen without expecting they will. Did it ever occur to you that your favorite decorations such as twinkling lights and evergreen scented candles could become dangerous? Below are five important steps to ensure your decorations are a success and not a mess. For more information about the United States Fire Administration, please click here.
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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 December 8th, 2022.
The construction industry, which has been constrained by labor shortages and higher materials prices, now also faces a rapidly deteriorating economic outlook and severely elevated borrowing costs.
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On June 24th, 2020, Long Island Construction Attorney, John Caravella, Esq, co-presented Strafford’s AIA virtual webinar. Along with Steven Nudelman and Warren F. Jacoby, Mr. Caravella and his other co-presenters discussed the fine details of AIA Contract Documents: 2017 Modifications, Insurance and Bond Exhibit, Owner – Contractor Documents and Owner – Architect Agreements. Within this article, you will have a better understanding of the changes to an AIA Contract Document and what you, as a construction professional should know.
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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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Many contractors and subcontractors go about their work feeling protected from claims for damages because their agreements contain certain exclusions. Some of these agreements will even have language stating ‘Not responsible for [X, Y, and Z]’. But the ruling handed down February 14, 2012, by the Supreme Court, Nassau County serves as a reminder that contractual indemnity provisions are more of a privilege than a right, and are not subject to enforcement automatically.
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Managing a budget is generally a high priority on a homeowner’s list when beginning a home improvement project. Unfortunately, many homeowners make the mistake of saving money by hiring an unlicensed contractor. Although it may seem to be the more attractive, less expensive option, hiring an unlicensed contractor to save some money could be very problematic, leading to long-term negative financial effects or legal consequences. This is due to the fact that there is no guarantee that an unlicensed contractor will have the necessary insurance policies in place to protect your property, themselves, their workers, and any other damages that may arise from their construction work.
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Construction is fraught with countless risks, from weather conditions, labor strikes, material unavailability, subsurface conditions, and inaccurate plans and specifications, among others. Each has the potential to delay the project, cause increased completion costs, and increase the likelihood of disputes, liens, and litigation.
Continue reading “Top 7 Owner Risks in New York Construction Contracts”
Construction contracts require contractors and subcontractors to carry commercial general liability, or CGL, insurance and to name not only the contracting parties but additional third parties, such as project owners, as additional insured. Recent commercial general liability litigation, however, suggests that contractors and subcontractors should review the language of their CGL policies carefully because third parties to the contract, even if they are contractually required to be additionally insured, may actually be excluded by the insurance policies.
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Perhaps the most common construction-related dispute is the refusal of a party to make payment to its contractors or subcontractors. While litigation is the traditional avenue for resolving such disputes, methods of alternative dispute resolution such as arbitration and mediation are enjoying growing importance in the field of construction law.
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Renovating Carries Toxic Chemical Risks, but Hazards Can Be Minimized
During any home renovation project, care should be taken to protect the home’s residents from any toxic substances that might be removed or installed. Lead, asbestos and other harmful substances lurk in many homes and could cause serious health problems if disturbed. Here’s a look at some of the most common hazardous chemicals homeowners are faced with during remodeling and what can be done to reduce those risks.
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