In a nutshell, the “economic loss rule” is a rule that courts use to prevent a plaintiff from against a defendant for a tort (usually negligence) when the essence of the claim is for failure to live up to the terms of a contract.
Given the large number and variety of documents required to administer a construction project today (plans, specifications, contracts, etc.), the likelihood of discrepancies arising between these different sources is almost unavoidable.
Do you know how these documents rate in terms of their authority? Continue reading “Construction Contract Document Conflict”
Few topics in construction law are more controversial than Labor Law Section 240, better known as the Scaffold Law, which imposes absolute liability on contractors, property owners, and their agents for elevation-related injuries to construction workers. The number of Scaffold Law cases has increased by 500% since 1990.
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.
As of 2016, there have been over 1.3 million solar panels installed on over 6,560,000 households in the United States. Arizona is the largest state utilizing residential solar energy. If solar energy seems to be so popular, why aren’t we all contributing to the environment? Just like any other construction job, solar panels and their installs have both pros and cons. These pros and cons can stretch from high costs to home damages, to even insurance premium increases. Whether you are a veteran homeowner or a first time home owner, is it really worth it to utilize residential solar energy?
Long Island Construction Attorney John Caravella Invited to Speak at the AIA Contract Document Workshop
On October 17th, 2019 John Caravella, a Long Island Construction Attorney, will be speaking at the AIA Contract Document Workshop located in Ronkonkoma, New York. Held and organized by Halfmoon Education Incorporated, the AIA Contract Document Workshop will analyze most common AIA contract documents and ways to use them. Specifically, this seminar will cover the examination of primary AIA Contract documents and General Conditions, learning about supplemental or alternate AIA contract documents, reviewing contract fundamentals, agreements between owner, architect, designer-builder and construction manager and evaluating completed contract documents for sample projects.
One of the most common causes of home elevation is extreme weathering and flooding. In general, there are two options when deciding to elevate your home. The homeowner can physically lift the home, building a new foundation at the bottom, or leaving the home as is, but just building a “livable space” upper level, alternatively converting the ground level to a complete closure.
What is a cost-plus construction contract? A cost-plus construction contract is a contract in which a contractor agrees to be paid for all of his costs including a certain percentage for his expenses and profit. The pros vs. the cons of cost-plus construction contract format are a business decision, but cost-plus construction contract also raises legal issues contractors should be aware of before agreeing.