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”
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”
Like the strings of a marionette puppet, after the completion of a New York construction project there are various legal theories that serve as ties between the builder and the owner. For the builder, the sooner these lingering ties can be removed the less exposure they face for claims of defects. For the owners, the longer they are able to establish these connections the longer they may have legal recourse against the builder for defects, should that be necessary.
Continue reading “Construction Warranty vs. Statute of Limitations Between Builder and Owner”
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.
Continue reading “Alternative Dispute Resolution An Option For Construction Contractors Under NY’S Prompt Payment Act”
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 contracts in New York often place the architect or engineer in the additional role of an initial impartial decider as to any disagreement or disputes between the contractor and the owner, in addition to their roles as the design professionals.
Continue reading “Contractors in New York may not be bound by Architect Certifications”
Recently, a contractor asked me how to create a good contract. After further discussion, I understood that this contractor was not licensed, but wanted advice on obtaining a good contract. Well, what is a good contract after all?
Continue reading “If You Want a Construction Contract Enforced, You Need Your License”
Many construction contracts in New York make reference to how or why one or both parties are provided the right to terminate the agreement. One such typical form of termination, ‘Termination for Convenience’, may be provided.
Continue reading “The Inconvenient Termination for Convenience”
Much construction litigation arises from disputes over Scaffold Law liability. Simply, the Scaffold Law makes certain contractors and project owners liable for injuries to workers on construction sites. The Scaffold Law has been criticized for the burdens it imposes on contractors and owners and for allowing workers to collect even if they have ignored safety rules.
Continue reading “Contractor Scaffold Law Liability”