Construction Law Blog

Changes vs. Cardinal Changes: The Limit of Construction Contract Changes


Changes are an unavoidable aspect of construction. Although thorough effort and coordination are required in preparing the original project contract, specifications and construction drawings, there will still be changes. This is why owners are provided the right to make changes to the work under a typical contract changes clause.

However, the ability for owner requested changes, even if provided in the contract, are not without limitations, restrictions, and consequences. After all, what purpose would any of the project documents, contracts and drawings serve if they were subject to constant change? What good would the contract serve if the owner could make any change(s) without consequence?

Continue reading “Changes vs. Cardinal Changes: The Limit of Construction Contract Changes”

Deconstructing the Construction Contract

John Caravella, Esq. of The Law Offices of John Caravella, P.C. will be one of three presenters at the Nassau County Bar Association Construction Law Committee’s seminar, next in its series of presentations addressing issues in the field of Construction Law.

On December 18, 2012, at 12:30 pm, the Construction Law Committee in the Founders Room at the Home of the Association,  will present Deconstructing the Construction Contract.

Continue reading “Deconstructing the Construction Contract”

Construction Contract Drafting Considerations

To minimize potential legal problems when planning construction, whether the project is a large commercial project, a new residence, or even a renovation to an existing structure, care must be taken to have essential terms included in the contract.

Continue reading “Construction Contract Drafting Considerations”

Top 7 Owner Risks in New York Construction Contracts

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”

Are We On The Same Page? How Construction Document Conflicts Are Resolved

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 “Are We On The Same Page? How Construction Document Conflicts Are Resolved”

Homeowner Liability for Contractor Injuries in New York

Can homeowners be held responsible for injuries that may occur to contractors while work is being done on their property? Many homeowners love new home face-lifts, but did they ever think what a dangerous home improvement job consisted of? Well, what happens if a contractor is injured while working? Who is responsible for their medical costs?

Continue reading “Homeowner Liability for Contractor Injuries in New York”

Essential Provisions for Subcontractor Agreements

When it comes to subcontractor agreements, there are numerous types of agreements that might be used and the fine print in these agreements can be crucial. Some documents, such as the American Institute of Architects (AIA) 401 and the Associated General Contractors of America (AGC) Form 640 serve as standard forms of agreement.

Continue Reading

Appellate Court Upholds Contractor Indemnification

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”

Considerations When Hiring an Architect


Oftentimes, owners find themselves wondering if they need an architect of design professional for their project, and might be unfamiliar with the terms and forms used in their contracts. This article provides a refresher on the types of projects an owner should have an architect for, and the typical forms of contracts used for the project.

Continue reading “Considerations When Hiring an Architect”

Top 3 New Construction Arbitration Rules That Expand Powers and Challenge Assumptions

When it comes to construction contracts, arbitration and mediation (Alternate Dispute Resolution) are both commonly specified for out of court dispute resolution.  The use of mediation and arbitration in construction contracts, both for small and large construction, has been increasingly common over the past decade.

Continue reading “Top 3 New Construction Arbitration Rules That Expand Powers and Challenge Assumptions”

Get an Experienced Construction Litigation and Arbitration Firm Fighting for You!

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.