The 7 Major Delay Claims in New York

New York construction law allows for the pursuit and collection of damages for delay, depending on the underlying project facts and contract terms. Where these delay claims are available, courts in New York recognize 7 major categories of delay, which may establish claims for compensation.

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Construction Business Owner Challenges Complying With New Employment and Labor Laws

Owners of New York based construction businesses are more likely to be mindful of construction law issues relating to contract performance and defective work. Many however are unaware they are also under increasing risks of liability in compliance with newly enacted requirements under New York Employment and Labor Laws.

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Understanding the Importance of Building Permits

What do you need a building permit for? This is one of the most common questions regarding construction. Building permits are both important and necessary and the failure to obtain one can cause major obstacles down the road.  Building permits are needed whenever a homeowner is altering or expanding their current home, installing a swimming pool, deck, shed or more.  Building permits are more important than you think, and here’s why!

 

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Punitive Damages Claims in New York Construction Contract Disputes

One topic that came up in my practice recently was a contractor’s potential exposure to liability for punitive damages under New York law. As the name suggests, punitive damages are awarded above and beyond their contract or property damages, ‘where the wrong done was aggravated by circumstances of violence, oppression, malice, fraud, … on the part of the defendant, and are intended to address the plaintiff’s mental anguish or other aggravation, to punish the defendant for its behavior.’ Black’s Law Dictionary 390 (6th Ed. 1991).

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What About the Neighbors? How Contractor Liability Can Extend to Neighbors

Are contractors responsible for the impacts of their work on neighboring residents? Oftentimes, they are. This is especially true in densely populated urban areas where literally hundreds of people could be affected by a project only fifty feet away. Some of the principles in these cases are outlined below.

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Recent New York Litigation Highlights Increasing Risks to Contractors

Construction contracts require contractors and subcontractors to carry commercial general liability, or CGL, insurance and to name not only the contracting parties but additional third parties, such as project owners, as additional insured. Recent commercial general liability litigation, however, suggests that contractors and subcontractors should review the language of their CGL policies carefully because third parties to the contract, even if they are contractually required to be additionally insured, may actually be excluded by the insurance policies.

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Blending of Public and Private Construction – Proceed With Caution

Traditionally, New York Construction Law sets separate rules of engagement for public projects (where the owner is a public entity) and those that are private construction projects (where the owner is a private individual or corporation). Given these two distinct camps, it has been easy to classify a project as either a public project or a private one. For contractors, subcontractors and suppliers, knowing which rules of engagement pertain to them is essential to avoid making costly mistakes.

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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.

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Architect and Contractor Liability for New York Building Code Violations

CAN I BE SUED FOR VIOLATING THE BUILDING CODE?

CLAIMS AGAINST CONTRACTORS AND ARCHITECTS FOR CODE VIOLATIONS

 In my construction law practice, I’m often confronted with instances of building code violations and questions of whether building code violations should subject a contractor or architect to liability.

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Post Contract Signing Considerations For The New York Contractor

Contractors and subcontractors frequently consult with their attorneys in the negotiation of construction contracts before they are signed, but counsel’s involvement generally ends at that point until and unless litigation arises down the road. Nevertheless, additional consultation with attorneys after execution of contracts can ensure that contractors and subcontractors meet their respective obligations and may confer savings that far offset the costs.

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