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.
Working too quickly to meet a completion deadline, running to the opposite side of the construction site, or even failing to pay attention to safety standards can all be fatal on a construction site. It is crucial – and lifesaving – to understand and know the safety measures that you must take to protect yourself and others on any given job site. In this article, we will discuss the fundamentals of construction site safety.
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Law has an impact on almost all aspects of life, from personal injury, family disputes, and real estate. Construction Law in particular has a far-reaching effect on many people’s lives without them even realizing. To begin with, Construction Law is made up of a broad subset of legal fields, including areas such as contract law, real estate law, administrative law, environmental law, regulatory, and insurance. Construction Law is a segment of law that works with specific industries such as construction, architecture, engineering, and more. Under the construction law umbrella, many construction issues consist of contract creation and negotiation, sureties and bonds, construction claims and defects, employment laws, and even business tune-ups. Within this article, we will specify the areas that are most common in the construction law segment, along with special areas you might not have thought of.
On October 17th, John Caravella was invited to speak at the AIA Contract Document Workshop where he was able to share his knowledge about Construction Contract Interpretation and Fundamentals. In this specific article, we share Important Considerations and Contract Clauses to Consider, before signing the agreement.
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When a private improvement lien is filed in New York, the entire body of the New York Lien Law is imported which establishes the rules for filing, enforcing (or foreclosing the lien) and for challenging or discharging the lien. There may often be defenses to the lien for the property owner as outlined below. For those seeking to file a valid lien, the below serves as a reminder of common issues to avoid.
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Your New York Construction Contract Clauses Memorandum.
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Hiring a non-local subcontractor can lead to unanticipated issues for a contractor that otherwise could have been avoided if a local sub or supplier were hired instead. Additionally, events that would ordinarily not seem to be an issue when using a local subcontractor, such as arranging an in-person meeting, have the potential to become much more complicated when trying to coordinate with an non-local subcontractor or supplier. Keep reading for some important risks that homeowners and contractors should be aware of if contemplating hiring a non-local subcontractor or supplier.
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Indemnification is an important legal concept which impacts nearly all construction contracts. It has several forms and types, but generally amounts to a contract requirement where one party party agrees to restore the other party from any losses. Where an anticipated loss should occur, the damaged party can expect reimbursement for the loss.
Continue reading “Appellate Court Upholds Contractor Indemnification”
Despite much construction litigation, New York courts who govern Long Island construction law are agreed that an unlicensed home improvement contractor cannot recover against consumers. That has not, however, stopped unlicensed contractors from arguing exceptions to that rule. A recent court victory by John Caravella, Esq. confirms that courts remain unwilling to accept excuses from unlicensed contractors.
In Orefice v. Guma Development, homeowners sued an unlicensed contractor for defective construction. Notably, the local municipal code requires that any person doing business as a contractor be licensed by the municipality. A corporation does not require its own license if a licensed contractor is employed by the firm as a supervisor.
Everybody loves an exciting renovation project. Whether it’s finishing floors, replacing drywall, or even as simple as painting the walls. When it comes to such projects, there will be debris left behind. Construction waste is any “trash” on a job site from leftover materials. Some of these materials could contain harmful chemicals such as lead, mercury, asbestos and even live wires and sharp, dangerous objects. Discarding and eliminating leftover construction waste properly is extremely important for your safety, and even the surrounding environment. Construction waste comes in many different forms. The most common forms are listed below.
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The Law Offices of John Caravella, P.C. offers a free initial consultation with a Long Island construction attorney to discuss your legal concerns with no obligation. To schedule an appointment, call our office today or fill out the form below.
