If You Want a Construction Contract Enforced, You Need Your License

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”

The Inconvenient Termination for Convenience

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”

Contractor Scaffold Law Liability

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”

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”

NY Supreme Court Strikes Contractor Liability Limitation Provision

Many contractors and subcontractors go about their work feeling protected from claims for damages because their agreements contain certain exclusions. Some of these agreements will even have language stating ‘Not responsible for [X, Y, and Z]’. But the ruling handed down February 14, 2012, by the Supreme Court, Nassau County serves as a reminder that contractual indemnity provisions are more of a privilege than a right, and are not subject to enforcement automatically.

Continue reading “NY Supreme Court Strikes Contractor Liability Limitation Provision”