John Caravella - The Law Office of John Caravella, P.C.



John Caravella
The Law Office of John Caravella, P.C.
626 RexCorp Plaza, 6th Fl, West Tower
Uniondale, NY 11556

516-462-7051

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John Caravella
The Law Office of John Caravella, P.C.

Attorney Profile
Law School

Nova Southeastern University
1997 - 2000

Website

http://liconstructionlaw.com

516-462-7051


JOHN CARAVELLA, ESQ

 

As a dedicated and experienced Construction Law Attorney, I help Homeowners, Contractors, and Design Professionals with their legal needs in construction litigation and arbitration.

The Law Offices of John Caravella, P.C., practices primarily in Construction Litigation, Supplier Disputes, Construction Contract Claims, Construction Defects, Construction Disputes, Labor Laws, House Lifting Cases, Real Estate Services, Construction Arbitration and Construction Contract Advising.

Based in Long Island, our firm has three offices in Uniondale, Melville, and Ft Lauderdale, FL.

We have a singular focus on construction law and place an emphasis on communication with our clients to better understand their needs. Clients can expect honesty and trust from every member of our team. It’s this trust and confidence from clients, that always comes first. This serves as a foundational principle for the firm, acting as a driving force for growth since our establishment in 2008.

I developed a passion early on for architecture. As a high school student, I was driven to learn and inspired by Frank Lloyd Wright, my father, and my whole family. My dedication to education and hard work led to a successful career in the field, giving me invaluable experience and skills that serve as not only a unique differentiator, but also as a scaffolding for success in the construction industry.

I’ve been committed to excellence in construction law for two decades.

Credentials & Experience includes:

American Arbitration Association Construction Industry Panel of Neutrals, Nassau County Bar Association Arbitration and Mediation Panel, as well as the Eastern District of New York Hurricane Sandy ADR panels. I’m also a member of the New York State Bar Association and the Nassau County Bar Association Construction Law Committee.

__________

I maintain an “open door” office policy and always provide free, no-obligation telephone consultations.

> Prior results do not guarantee a similar outcome.


John Caravella's Law Posts

Governor Kathy Hochul today joined the Metropolitan Transportation Authority (MTA) to take a special Long Island Rail Road (LIRR) test train to Grand Central Terminal and gave the public one of the first-ever looks at the new 350,000-square-foot East Side Access passenger terminal there. This is the largest new train terminal to be built in the United States since the 1950s and the first expansion of the LIRR in more than 100 years. Together with the LIRR third track project, the new connection will add 50 percent to the LIRR’s capacity into Manhattan with up to 24 trains per hour and cut travel time for Queens and Long Island commuters traveling to the east side by 40 minutes per day. It will also reduce crowding on commuter rail, at Penn Station and on the subway by dispersing commuters and allowing passengers to go directly to Grand Central Terminal from destinations across Queens and Long Island. The new commuter rail route and concourse officially open in December 2022.

The new commuter rail route and concourse officially open in December 2022.
www.liconstructionlaw.com

Is the prompt payment act at odds with public policy? In both general litigation and construction litigation, courts generally give parties great freedom to contract. Thus, New York’s policy is to enforce arbitration agreements in construction contracts.[i] Conversely, New York courts do not usually force parties into arbitration unless their contract expressly requires it.[ii]

The Prompt Payment Act provides for unpaid contractors or subcontractors to commence expedited arbitration to resolve payment disputes. Learn more here.
www.liconstructionlaw.com

Under New York construction law, much emphasis is placed on the “improvement” of real property (real estate). Indeed reference to improvements are often found in New York construction contracts, and establishing an improvement is required for a contractor to establish a valid lien on a privately owned project. But what specifically are the ins and outs? For a party to be eligible for lien rights in New York, their labor must have improved the real property, pursuant to §3, New York Lien Law. The Lien Law defines improvement as “the demolition, erection, alteration or repair of any structure upon, connected with, or beneath the surface of, any real property and any work done upon such property or materials furnished for its permanent improvement.”[i] (emphasis added).

For a party to be eligible for lien rights in New York, their labor must have improved the real property, pursuant to §3, New York Lien Law.
www.liconstructionlaw.com

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.

 The use of mediation and arbitration in construction contracts, both for small and large construction, has been increasingly common over the past decade.
www.liconstructionlaw.com

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.

Private and public construction is subject to 'hybridization'; whether the project is federal, state, or private has become a complex legal quandary.
www.liconstructionlaw.com

On October 17th, John Caravella was invited to speak at the AIA Contract Documents Workshop where he was able to share his knowledge about Construction Contract Interpretation and Fundamentals. In this specific article, we discuss the document types between different parties, to ensure the correct contract is being utilized for your specific type of work.

John Caravella was invited to speak at the AIA Contract Documents Workshop where he shared his knowledge about Construction Contract Interpretation.
www.liconstructionlaw.com

How low can it go? That’s what commercial real estate brokers are asking about the vacancy rate for Long Island industrial properties, which has now fallen to the lowest level in recent history. The overall industrial vacancy rate on Long Island dropped to 2.6 percent in the third quarter, which is more than 30 percent lower than the area’s pre-pandemic vacancy rate of 4.5 percent, according to a report from Cushman & Wakefield.

How low can it go?  That’s what commercial real estate brokers are asking about the vacancy rate for Long Island industrial properties.
www.liconstructionlaw.com

In a recent client conference, I was asked, “So what is arbitration, anyhow?” In the context of a construction claim or in seeking to prevent such a claim, there are several significant advantages that arbitration can provide in lieu of litigation. In today’s challenging business environment, this signifies awareness of the various options available that could make an important impact on your business’ circumstance. Briefly stated, arbitration is a private, informal process by which all parties agree, in writing, to submit their dispute to one or more impartial persons authorized to resolve the controversy by rendering a final and binding award.[i] What makes this process unique is the ability, with some advance consideration, to customize and tailor the dispute resolution process to suit the needs of the company.

  In a recent client conference, I was asked, “So what is arbitration, anyhow?” In the context of a construction claim or in seeking to prevent such a claim, there are several significant advantages that arbitration can provide in lieu of litigation. In today’s challenging business environment, this signifies awareness of the various options available … Continue reading "5 Reasons to Consider Arbitration for Your Construction Dispute"
www.liconstructionlaw.com

The traditional maxim of “let the buyer beware” is softened in the context of Article 36-B of the New York General Business Law, which imposes a warranty in favor of the buyers of new homes and holds construction contractors to a standard of skilled workmanship. Contractors, meanwhile, must be aware of the circumstances in which the law implies such a warranty, which exists regardless of whether it is stated in a contract: the warranty that arises upon a sale of a new home underscores the need for contractors to act scrupulously—and work skillfully—in transactions with residential home buyers.

The traditional maxim of “let the buyer beware” is softened in the context of Article 36-B of the New York General Business Law, which imposes a warranty in favor of the buyers of new homes and holds construction contractors to a standard of skilled workmanship. Contractors, meanwhile, must be aware of the circumstances in which … Continue reading "The Implied Warranty on the Sale of New Homes: What Homeowners & Contractors Need to Know"
www.liconstructionlaw.com

In January 2019, The Nassau Lawyer published an article written by Mr. Caravella, in response to wide range impacts related to contractors throughout New York, regarding the Scaffold Law Reform and current efforts in New York State. Contractors are encouraged to stay informed of these issues and reform efforts. To obtain a copy of this topic article, please visit www.nassaubar.org (Page 7) or visit www.liconstructionlaw.com John Caravella, Esq. is a construction attorney and formerly practicing project architect, with offices in Uniondale and Melville New York, as well as Ft Lauderdale, Florida. The Law Offices of John Caravella P.C. represents architects, engineers, contractors, construction managers, subcontractors, and project owners in all phases of pre and post construction services.

In response to wide range impacts related to contractors throughout New York, regarding the Scaffold Law Reform and current efforts in New York State.
www.liconstructionlaw.com

"Long Island’s transition away from fossil fuels is well underway. Per New York’s landmark Climate Leadership and Community Protection Act, LIPA is committed to a carbon-free electric grid by 2040 – a goal that we work to advance each day through investments in clean energy, transportation, and heating." - Long Island Business News.

Long Island’s transition away from fossil fuels is well underway. Per New York’s landmark Climate Leadership and Community Protection Act, LIPA is committed to a carbon-free electric grid by 2040 – a goal that we work to advance each day through investments in clean energy, transportation, and heating.
www.liconstructionlaw.com

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.

Attorneys are often brought in for contract negotiation. Additional consultation after contract execution can help ensure contractors meet their obligations
www.liconstructionlaw.com

Construction is filled with countless risks, from weather conditions, labor strikes, material unavailability, subsurface conditions, inaccurate plans, and specifications, among others variables. Each has the potential to delay the project, cause increased completion costs, and increase the likelihood of disputes, liens, or litigation. Problems stemming from inaccurate plans and specs can quickly become the obstacles of others beyond just the design professional itself.

Design professionals assume responsibility for plan & spec accuracy; but this becomes complicated when an owner's architect provides specs to the contractor
www.liconstructionlaw.com

Arbitration is an established alternative to court litigation in construction disputes. Challenging an unfavorable construction arbitration award is so difficult that homeowners may wish to give serious thought before submitting their disputes with contractors to arbitration. Courts give great deference to the decisions of arbitrators, refusing to review arbitration awards even for errors of law or fact. There are few exceptions to this rule, and courts only invoke them in rare circumstances.

Learn the serious and costly pitfalls homeowners need to avoid when deciding to challenge an unfavorable construction arbitration award in New York.
www.liconstructionlaw.com

Part Four: As is true with other types of construction defects, disputes as to the performance of materials selected for the project will invariably result in finger pointing between the architect or engineer who specified the material, the supplier who supplied the material and even the laborers who installed the material.

Having improper or defective materials installed can result in the construction being non-conforming (or unacceptable) to the owner.
www.liconstructionlaw.com

Part Three: This is a continuing article series on Construction Defects in New York, These include an introduction (part 1), design defects (part 2), defective construction (part 3), improper materials (part 4), improper installations (part 5) and finally important time limitations which apply to seeking legal action for defective construction in New York (part 6). For a defect to be construction based, it can range in scope from a contractors failure to perform to completion of the project, to gross deviations from the approved construction plans and specifications. The existence of a defect alone, however, does not necessarily mean it is the contractor who is to blame. After all, the contractor is only responsible for satisfying its performance of the construction contract. However, should the contractor have any reason to suspect there is defect in the design of the project, the contractor has a duty to point these out to the owner or designer.[1] This duty to call out such observations was established in New York in the matter of Caceci v. DiCanio Const. Corp. 72 N.Y.2d 52, 530 N.Y.S.2d 771, 526 N.E.2d 266 (1988). Although the plans and specifications of this project did not call for any additional foundation work, the soil at the site was comprised of large amounts of organic materials, including trees, which made it incumbent upon the contractor to point this deficiency out. The contractor’s failure to do so resulted in substantial liability.

A defect isn't necessarily the contractor's fault; defective construction can range from failure to complete the project to deviations of the plans or specs
www.liconstructionlaw.com

Part Two: This is a continuing article series on Construction Defects in New York, These include an introduction (part 1), design defects (part 2), defective construction (part 3), improper materials (part 4), improper installations (part 5) and finally important time limitations which apply to seeking legal action for defective construction in New York (part 6). Defects in construction design demonstrate themselves in various and wide-ranging ways, and sometimes by the actions the defects cause others to do.

Design defects' liability only arises when the architect or engineer failed to perform in accordance with the community standard.
www.liconstructionlaw.com

Part One: Defects exist throughout all construction projects and it’s likely no construction project is ever completed perfectly. In New York construction however, perfection is not the legal standard by which construction is generally measured. The standard used to judge completed construction is the ordinary and reasonable skill that is usually exercised by architects, engineers, contractors and others in that work.[1]Therefore, not all defects are necessarily actionable under New York construction law. #constructionlaw #constructiondefects #defects

In New York construction, perfection is not the legal standard; not all defects are necessarily actionable under New York construction law.
www.liconstructionlaw.com

In a recent client conference, I was asked, “So what is arbitration, anyhow?” In the context of a construction claim or in seeking to prevent such a claim, there are several significant advantages that arbitration can provide in lieu of litigation. In today’s challenging business environment, this signifies awareness of the various options available that could make an important impact on your business’ circumstance. Briefly stated, arbitration is a private, informal process by which all parties agree, in writing, to submit their dispute to one or more impartial persons authorized to resolve the controversy by rendering a final and binding award.[i] What makes this process unique is the ability, with some advance consideration, to customize and tailor the dispute resolution process to suit the needs of the company.

  In a recent client conference, I was asked, “So what is arbitration, anyhow?” In the context of a construction claim or in seeking to prevent such a claim, there are several significant advantages that arbitration can provide in lieu of litigation. In today’s challenging business environment, this signifies awareness of the various options available … Continue reading "5 Reasons to Consider Arbitration for Your Construction Dispute"
www.liconstructionlaw.com

The New York Education Department, Office of the Professions, regulates the licensing of the various professions, such as Lawyers, Certified Public Accountants, Architects, and other professions practicing within the state. Typically these professionals must pass initial education and examination requirements, and are also required to maintain certain levels of continuing education units. These requirements are intended to foster continued education and training throughout their career.

New York Legislature considers removing architect continuing-education requirements, which in the past have been used for ethical training and industry news
www.liconstructionlaw.com

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.

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
www.liconstructionlaw.com

A Lien (or ‘Mechanic’s Lien’) is a potentially powerful tool for contractors, architects, engineers, or suppliers of materials to secure payment for work performed ‘improving’ a property[1]. To properly ‘perfect’ a lien claim, however, strict compliance with the nuances of the New York lien law is required, and often times there are details in the process commonly overlooked. One such frequently misunderstood practice relates the the extending of a mechanic’s lien in New York. For liens on private improvements, the lien is valid for one year from the date of filing.[2]The lienor (or party filing the lien) is generally provided one year from this date to begin a legal action to ‘foreclose’ upon the lien, in a manner similar to the foreclosing of a mortgage.

To properly ‘perfect’ a lien claim, strict compliance with the New York lien law is required, and often times there are commonly overlooked details.
www.liconstructionlaw.com

Long Island Construction Law does not own this content. This content was created by David Winzelberg and was published to the Long Island Business News on August 26th, 2021. The state’s Department of Transportation has completed a series of projects aimed at improving pedestrian safety along Route 25 and three other Long Island roadways. The $8.6 million project along Route 25 added some 300 new pedestrian safety enhancement measures along the entire stretch of the road from the New York City border to Orient Point, according to a DOT statement. The improvements included more than 130 new ADA-compliant curb ramps, new and upgraded crosswalks with reflective pavement markings, upgraded traffic signals and reflective pedestrian crossing signs.

The state’s Department of Transportation has completed a series of projects aimed at improving pedestrian safety along Route 25 and three other Long Island roadways.
www.liconstructionlaw.com

We all know what a lien is. Depending on which side of the claim you’re on, a lien could be a good thing or a bad thing. According to Black’s Law Dictionary, the true definition of a lien is “a claim, encumbrance, or charge on property for payment of some debt, obligation or duty”. So, how is a Mechanics Lien any different?

A Mechanics Lien is a legal encumbrance that reserves the right for the supplier of unpaid labor or materials. Learn more about it here.
www.liconstructionlaw.com

John Caravella, a Construction Attorney at The Law Offices of John Caravella, P.C. and a former architect, says a recent report showing a lower demand for architects’ services last month is part of the business cycle and that, in some parts of Long Island, demand has been steady, especially for the construction of high-end and luxury homes. He adds that the improving economy will mean architects will be in greater demand as more money will be spent on construction projects. The American Institute of Architects (AIA) recently reported that the Architecture Billings Index (ABI) — a leading economic indicator of construction activity — fell to 49.7 last month, compared to the mark of 51.5 in July. This is the second time this year and the first time in seven months that demand for design services declined. Any score below 50 indicates fewer requests for architectural services. The ABI measures demand for commercial and industrial facilities such as hotels, office buildings, multi-family residential buildings, schools, hospitals and other institutions.

Attorney John Caravella says that though demand has been steady on Long Island, the improving economy means architects' services will be in greater demand.
www.liconstructionlaw.com