This is a continuing article series regarding Construction Law: An Overview for Homeowners. These include four different topics, Pre-Construction (Part 1), During Construction (Part 2), Post-Construction (Part 3) and Construction Conclusion (Part 4). Each series of topics discuss informative summaries of what happens within each construction phase.
As discussed in the first three parts of this series, construction projects present many legal challenges and concerns to homeowners, who may not be as well-versed in the construction business as the architects and contractors with whom they deal. With the assistance of counsel with experience in construction law, however, homeowners may protect important rights and limited their exposure to negligent and fraudulent practices on the part of individuals and businesses in the construction industry.
When it comes to exposure to negligent and fraudulent practices, our article titled, “Protecting Yourself from Usury and Racketeering in Construction” can be a great educational resource to homeowners and subcontractors.
John Caravella Esq., is a construction attorney and formerly practicing project architect at The Law Office of John Caravella, P.C., representing architects, engineers, contractors, subcontractors, and owners in all phases of contract preparation, litigation, and arbitration across New York and Florida. He also serves as an arbitrator to the American Arbitration Association Construction Industry Panel. Mr. Caravella can be reached by email: [email protected] or (631) 608-1346.
This is a general information article and should not be construed as legal advice or a legal opinion. The content above has been edited for conciseness and additional relevant points are omitted for space constraints. Readers are encouraged to seek counsel from a construction lawyer who has experience with Long Island construction law for advice on a particular circumstance.
i Education Law §§ 730 I (defining practice of architecture to include ”design and construction of buildings”) and 7302 (only licensed architect tq practice architecture).
ii General Business Law§ 770.
iii General Business Law § 771.
iv See. City of Elmira v. Larry Walter, Inc.. 76 N.Y.2d 912,564 N.E.2d 655 (1990).
v Barrett v. Jo hnson, 150 N.Y.S.2d 853 (App. Term 2d Dep’t 1956).
vi Remodeling Const. Servs. v. Minter, 78 A.D.3d 1677, 913 N.Y.S.2d 446 (4th Dep ‘ t 2010).
vii See, e.g., Labor Law § 240.
viii See, e.g., Ma rkham Gardens L.P. v. 511 9th LLC, 38 Misc . 3d 325, 331, 954 N.Y.S.2d 8 I l, 815 (Sup. Ct. Nassau Cty. 2012).
ix Lien Law§ 3.
x See, e.g.. B & F Bldg. Corp. v. Lieb!g. 76 N.Y.2d 689 (1990).
,; CPLR R. 5224.
xii CPLR § 5222.
,iii CPLR § 5231.
xiv CPLR § 5230.