What does Long Island construction law say about terminating construction agreements? Despite the increasingly common use of arbitration in construction agreements, the New York Supreme Court has clarified that owners cannot terminate their construction agreement and fail to follow requirements for termination without repercussions. A recent pre-arbitration victory by John Caravella, Esq. confirms that the court unwilling to waive terms contained for termination and remedial efforts post termination to cure will not suffice to transform a wrongful termination into a termination for cause.
Despite much construction litigation, New York courts who govern Long Island construction law are agreed that an unlicensed home improvement contractor cannot recover against consumers. That has not, however, stopped unlicensed contractors from arguing exceptions to that rule. A recent court victory by John Caravella, Esq. confirms that courts remain unwilling to accept excuses from unlicensed contractors.
In Orefice v. Guma Development, homeowners sued an unlicensed contractor for defective construction. Notably, the local municipal code requires that any person doing business as a contractor be licensed by the municipality. A corporation does not require its own license if a licensed contractor is employed by the firm as a supervisor.