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

(Part Two) This is a continuing article series regarding Compliance with the Rules and Regulations on the Practice of Architecture. These include two topics, Requirements & Duties of Maintaining your Architectural License (Part 1), and Disciplinary Actions and Revocation of your Architectural License (Part 2). All though becoming an architect may require more study time and experience than other industries, obtaining and maintaining your architectural license is a thorough, tedious process with requirements specific to State. And with those state requirements, it is important to follow good practice ethics. Otherwise, this can result in disciplinary action that could result in complex negative scenarios.

Complying with the Rules and Regulations on the Practice of Architecture; Part 2 of 2 – Disciplinary Actions and Revocation of your Architectural License.
www.liconstructionlaw.com

(Part One) This is a continuing article series regarding Compliance with the Rules and Regulations on the Practice of Architecture. These include two topics, Requirements & Duties of Maintaining your Architectural License (Part 1), and Disciplinary Actions and Revocation of your Architectural License (Part 2). All though becoming an architect may require more study time and experience than other industries, obtaining and maintaining your architectural license is a thorough, tedious process with requirements specific to State. And with those state requirements, it is important to follow good practice ethics. Otherwise, this can result in disciplinary action that could result in complex negative scenarios.

Complying with the Rules and Regulations on the Practice of Architecture; Part 1 of 2 – Requirements & Duties of Maintaining your Architectural License.
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 April 7th, 2021. Construction employment on Long Island remains lower than it was a year ago. The number of construction jobs in Nassau and Suffolk counties fell 13 percent year over year, dropping from 79,100 in Feb. 2020 to 68,900 in Feb. 2021, according to the Associated General Contractors of America.

Regionally, construction employment in New York City decreased by 17 percent from Feb. 2020 to Feb. 2021, losing 26,700 construction jobs year over year.
www.liconstructionlaw.com

(Part Two) This is a continuing article series regarding Compliance with the Rules and Regulations on the Practice of Architecture. These include two topics, Requirements & Duties of Maintaining your Architectural License (Part 1), and Disciplinary Actions and Revocation of your Architectural License (Part 2). All though becoming an architect may require more study time and experience than other industries, obtaining and maintaining your architectural license is a thorough, tedious process with requirements specific to State. And with those state requirements, it is important to follow good practice ethics. Otherwise, this can result in disciplinary action that could result in complex negative scenarios.

Complying with the Rules and Regulations on the Practice of Architecture; Part 2 of 2 – Disciplinary Actions and Revocation of your Architectural License.
www.liconstructionlaw.com

U.S. home builders are poised to benefit this spring home buying season amid strong demand, low mortgage rates and an all-time low inventory of previously occupied homes for sale. But soaring lumber prices and a shortage of construction-ready land could limit their ability to capitalize on the strong housing market trends, analysts say. The price of lumber more than doubled over the last year to an all-time high, reflecting strong demand for new construction and home remodeling, and pandemic-related problems limiting production. The sharp rise in the cost of lumber, among other building materials, is a concern to builders because it drives up costs, potentially shrinking the pool of would-be buyers who can afford to purchase a home.

Soaring lumber prices and a shortage of construction-ready land could limit their ability to capitalize on the strong housing market trends, analysts say.
www.liconstructionlaw.com

The amount of New York-area construction starts fell sharply in February as compared to a year ago, with a huge drop in nonresidential starts. There were more than $2.34 billion in construction starts in the New York area in Feb. 2021, a whopping 62 percent less than the $6.19 billion in construction starts recorded in Feb. 2020, according to the latest report from Dodge Data & Analytics. 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 March 26th, 2021. #newyorkconstruction #newyorkrealestate #constructionnews

The amount of New York-area construction starts fell sharply in February as compared to a year ago, with a huge drop in nonresidential starts.
www.liconstructionlaw.com

This is a continuing article series regarding Compliance with the Rules and Regulations on the Practice of Architecture. These include two topics, Requirements & Duties of Maintaining your Architectural License (Part 1), and Disciplinary Actions and Revocation of your Architectural License (Part 2). All though becoming an architect may require more study time and experience than other industries, obtaining and maintaining your architectural license is a thorough, tedious process with requirements specific to State. And with those state requirements, it is important to follow good practice ethics. Otherwise, this can result in disciplinary action that could result in complex negative scenarios.

Complying with the Rules and Regulations on the Practice of Architecture; Part 1 of 2 – Requirements & Duties of Maintaining your Architectural License.
www.liconstructionlaw.com

Nearly half of contractors in New York are experiencing construction delays because of personal protective equipment (PPE) shortages and infected workers, according to data released last week by an industry trade group. The statewide survey by the Associated General Contractors of America found that 46 percent of contracting firms were struggling with project delays because of PPE shortages. And 41 percent said that work had slowed because of potential coronavirus infections on-site. Meanwhile nearly a quarter — 22 percent — of contractors reported a shortage of specialized labor or subcontractors. More optimistically, a third of respondents said they were not experiencing any delays.

Nearly half of contractors in New York are experiencing construction delays because of personal protective equipment (PPE) shortages, according to data.
www.liconstructionlaw.com

Final Series! This is a continuing article series regarding Legal Issues for New York Architects. Originally presented by John Caravella, of the Law Offices of John Caravella, and Kimberly A. Steele of The Steele Law Firm and produced by HalfMoon Education Seminars, this presentation touches on the following topics, Complying with the Rules and Regulations on the Practice of Architecture (Part 1), Complying with New York Rules on Unprofessional Conduct (Part 2), Understanding and Complying with Barrier-Free Requirements (Part 3), Design and Construction Contract Law and Administration (Part 4), Understanding and Complying with the law on Design Professional Service Corporations (Part 5) and Building Code Updates (Part 6). Each series of topics discuss informative summaries of Legal Issues for New York Architects.

Learn about the new NYC building code provisions and what it means to your business. Understand and comply with the most recent changes in the law.
www.liconstructionlaw.com

Although the flight from the Big Apple, increasing crime, and possible MTA cuts are dominating media coverage, less noticed is a wealth of new projects that will make the town newly appealing — a multitude of splendid apartment buildings, amenity-rich office towers, museums, restaurants, and waterfront parks in all of the five boroughs within two years or less.

Although the flight from the Big Apple, increasing crime, and possible MTA cuts are dominating media coverage, less noticed is a wealth of new projects.
www.liconstructionlaw.com

This is a continuing article series regarding Legal Issues for New York Architects. Originally presented by John Caravella, of the Law Offices of John Caravella, and Kimberly A. Steele of The Steele Law Firm and produced by HalfMoon Education Seminars, this presentation touches on the following topics, Complying with the Rules and Regulations on the Practice of Architecture (Part 1), Complying with New York Rules on Unprofessional Conduct (Part 2), Understanding and Complying with Barrier-Free Requirements (Part 3), Design and Construction Contract Law and Administration (Part 4), Understanding and Complying with the law on Design Professional Service Corporations (Part 5) and Building Code Updates (Part 6). Each series of topics discuss informative summaries of Legal Issues for New York Architects.

NY Business Corporation Law Section 1503 was amended. Learn to understand and comply with the Law on Design Professional Service Corporations.
www.liconstructionlaw.com

This is a continuing article series regarding Legal Issues for New York Architects. Originally presented by John Caravella, of the Law Offices of John Caravella, and Kimberly A. Steele of The Steele Law Firm and produced by HalfMoon Education Seminars, this presentation touches on the following topics, Complying with the Rules and Regulations on the Practice of Architecture (Part 1), Complying with New York Rules on Unprofessional Conduct (Part 2), Understanding and Complying with Barrier-Free Requirements (Part 3), Design and Construction Contract Law and Administration (Part 4), Understanding and Complying with the law on Design Professional Service Corporations (Part 5) and Building Code Updates (Part 6). Each series of topics discuss informative summaries of Legal Issues for New York Architects. Part 29.3 of the New York Board of Regents’ Rules on Unprofessional Conduct governs unprofessional conduct among design professionals including: Architects; Landscape architects; Engineers; and Land surveyors.

Learn how to comply with New York Rules on Unprofessional Conduct. Legal Issues for New York Architects in plain English.
www.liconstructionlaw.com

Throughout time, circumstances arise where a homeowner feels the need to breach their contract by refusing to pay their contractor or architect for services that were already performed and/or provided. For example, perhaps a homeowner feels that the contractor’s work is not what was agreed upon or is subpar, or maybe even because the project took longer than expected to complete, so in turn, the homeowner may decide to refuse to pay the contractor for work already performed or even dispute the previously charged credit card transaction. This raises the age-old question: Is the customer truly, always right? Perhaps a contractor has performed work on a home. The homeowner was incredibly happy with the work and detail that the contractor was executing. The client, who paid all invoices on time via credit card, decided that the project was taking longer than expected and felt entitled enough to dispute the past invoice charges that were already processed via credit card. Soon thereafter, the contractor receives a letter from his banking institution letting him know that $8,000 worth of charges has been disputed and taken from his account, leaving him at a negative banking balance. Now the contractor is left with a pile of outstanding invoices, payment for which is rightly owed to him for work performed, and the burning question of what to do now, how to be made whole again? If you are the contractor in this situation, speaking to a construction attorney is always a great first step in recovering the monies owed to you. Most commonly, a Mechanic’s Lien can be filed against the homeowner for the refusal of payment on work that has already been completed and was done so according to the terms of the parties’ contract. According to Cornell Law School Dictionary, a Mechanic’s Lien is defined as “a security interest that may be acquired in the property by someone who spends material or labor working on that property. A mechanic’s lien usually stays in effect until the lienholder gets paid for services provided. The failure to pay for services as agreed may allow the lien holder to keep possession of the property involved.” Filing a Mechanic’s Lien places a significant burden on the property owner which, in turn, makes paying monies duly owed to a contractor much more attractive and likely to occur. The Mechanic’s Lien encumbers a property, resulting in the owner’s inability to sell, refinance, or transfer the property until the lien is lifted (i.e. paid or otherwise removed from the property). Here are some interesting and helpful facts about filing a Mechanic’s Lien in New York: The Notice of Lien is to be filed in the clerk’s office of the same county that the property is located in at any time during the progress of the project or within eight (8) months after either the completion of the contract, last date of work performed or materials furnished, or final performance of work or final furnishing of the materials. The filing deadline is decreased to filing within four (4) months if related to a single family dwelling. Y. Lien Law §10. 2. Who has a right to file a Mechanic’s Lien? Anyone who “performs labor or furnishes materials for the improvement of real property with the consent or at the request of the owner”, such as a contractor, materialman, architect, and landscape gardener, is entitled to file a Mechanic’s Lien. Y. Lien Law §3. In New York, a Mechanic’s Lien shall be effective up to one (1) year after the filing of the Notice of Lien. Y. Lien Law §17. In New York, you may not waive the right to file or enforce a lien – any such contracts or agreements attempting to waive such a right would be made void as against public policy and would be unenforceable. Y. Lien Law §34. In conclusion, filing a Mechanic’s Lien is a helpful tool to use when seeking payment from an unwilling property owner. Reach out to your local construction attorney first to see if filing a Mechanic’s Lien is right for you.

 The client, who paid all invoices on time via credit card, decided that the project was taking longer than expected and felt entitled enough to dispute the past invoice charges that were already processed.
www.liconstructionlaw.com

This is a continuing article series regarding Legal Issues for New York Architects. Originally presented by John Caravella, of the Law Offices of John Caravella, and Kimberly A. Steele of The Steele Law Firm and produced by HalfMoon Education Seminars, this presentation touches on the following topics, Complying with the Rules and Regulations on the Practice of Architecture (Part 1), Complying with New York Rules on Unprofessional Conduct (Part 2), Understanding and Complying with Barrier-Free Requirements (Part 3), Design and Construction Contract Law and Administration (Part 4), Understanding and Complying with the law on Design Professional Service Corporations (Part 5) and Building Code Updates (Part 6). Each series of topics discuss informative summaries of Legal Issues for New York Architects.

Learn how to comply with the Rules and Regulations on the Practice of Architecture. Legal Issues for New York Architects explained in plain English.
www.liconstructionlaw.com

When you are working on a renovation project or building a home from the ground up, it is not just one person pulling the strings and leading the operation, learn the architectural hierarchy. Behind every architectural firm is a small army of individuals with specific roles and responsibilities to make your dream a reality. Within this article, we will share the chain of command within an architectural firm. To learn what you should be looking for when hiring such architects, please review our blog posting titled “Considerations When Hiring an Architect” below. Principal Architect: Architectural license holder and ownership of architectural firm. Establishes the overall design objectives to be achieved and delegation of individual aspects of the design and construction to the project architect. Project Architects: Responsible for overseeing the architectural aspects of the development of the design, production of the construction documents (coordinating the needs of a client, possibly and designer and technical staff, and outside consultants such as structural engineering, mechanical engineers, civil engineers and landscape architects) plans and specifications. Coordinating the needs of the client, possibly and designer and technical staff, and outside consultants such as structural engineers, mechanical engineers, civil engineers and landscape architects. Show example of project architect job postings Intern Architect: A person who has successfully completed an accredited degree in architecture and is preparing for registration / licensure as an architect. Draftsmen: An artist skilled in technical drawing. The “skill” is to draw complex instructions precisely and accurately. The “art” is to arrange that information in an organized way which is also easily readable. Drafting includes any task that utilizes graphics to convey instructions to another person. Commonly, this is associated with the making of plans for structures or mechanical devices before they are built. Considerations When Hiring an Architect 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. An architect licensed and registered in New York provides services related to the design and construction of buildings and the spaces around them, where the safeguarding of life, health, property, and public welfare is concerned.[1] Although there are situations where involving an Architect is discretionary on the part of the owner, generally, if new construction, alteration to an existing structure, plumbing, or HVAC is contemplated, construction drawings sealed by an architect will be required by your building department before your project can begin. Additional factors were hiring an architect makes sense include the following Architects think in three-dimensions. If you ask, “Can we move this wall to over there?” an architect will usually respond with an answer that will also state the ramifications to the roof, the foundation, and adjacent walls as well as systems. Architects are educated, trained, and licensed to design. Architects begin the design of any building or remodel of a building by examining the site or location and its environment. Architects have intimate knowledge of building systems, materials, and how these components can work together conflict, or clash to express different design styles. Architects help clients determine their true needs and prioritize their wants. Architects act on the owners’ behalf, rejecting defective work, bringing into the design process any and all necessary or desired consultants. Architects coordinate consultants and their work. Architects have professional liability for their work As a design professional, Architects are typically paid through the use of the following contract types: Lump Sum Contract: Under this form of agreement, the designer is paid a predetermined sum for all duties performed, plus any included reimbursable expenses, such as printing. Under these contracts, the Owner needs to verify that all of the duties expected of the architect are clearly stated and defined. 2. Cost Reimbursement Contract: This format compensates the Architect based on its time and expenses incurred. This form of contract should specify the applicable hourly rate(s) being charged by the architectural firm. It is customary for the designer to be provided a retainer up front, and the owner will receive invoices (usually monthly) thereafter through the architect’s work. It is common for the retainer payment to either be credited to the final invoice or otherwise refunded to the owner at the conclusion of Architect’s work. 3. Percentage of Construction Cost: This format compensates the Architect based on the percentage of construction costs. It is important for these contracts to specify how and when the cost of construction is calculated, and typically progress payments will be made to the architect during the work. Percentages charged by Architects in this format can vary from firm to firm and locale to locale. Whichever format of contract ultimately used, there are numerous terms that should be reviewed and negotiated properly to provide the level of protection needed and avoid unintended consequences. With this preliminary information, an Owner is in a much better position to interview architects and further select the architect right for their project. Suggestions for questions owners should consider asking when interviewing an architect will be the topic of a pending article.

Learn Architectural Hierarchy 101, the chain of command within an architectural firm. Learn what you should be looking for when hiring such architects.
www.liconstructionlaw.com

Whenever we hear the terms Usury and Racketeering, we think of two things, organized crime, and the RICO Act. But did you know that these two terms are very common within the New York Construction industry? Whether you are a homeowner, a contractor or a commercial business owner, usury and racketeering come in many different shapes and sizes. What are the types of Construction Usury, and how can we protect ourselves? Racketeering and Usury go hand in hand when it comes to Construction “business” practices. As per Merriam-Webster’s Dictionary, the definition of Usury is “an illegal action or practice of lending money at unreasonably high rates of interest”. The definition of Racketeering is “dishonest and fraudulent business dealings”. How do you know when you are accidentally getting involved in a dishonorable practice? Below are examples of three dishonorable practices from the point of views of Homeowners, Contractors, and Commercial Business Owners. As a homeowner, it is very important that you read and follow up with your construction agreement before signing anything. If you are ever confused about a specific clause within the agreement, seeking out a qualified construction attorney is best when negotiating agreement terms. Many Home Improvement Contractors offer payment plans with little to no interest within a certain amount of paying months. According to LexisNexis.com, New York Usury Laws state that an interest rate of 16% per project is stated as “Civil Usury”. An interest Rate 25% or more is stated as “Criminal Usury”. There are other factors that differentiate criminal and civil such as Conduct at Issue, Punishment, Proof, Mindset, Statue of Limitations and more. As stated in LendingTree.com, typical construction loans have an interest rate of 3 and 5 percent. f you are not the owner of a property that needs work completed, and you are working on a contractor/subcontractor basis, it is wise that you always keep track of your working time. There have been many instances, especially within the New York Construction Industry, where workers have worked substantial amounts of overtime, yet, never saw payment. In a large 2015 construction scandal, a contracting company with a history of underpaying his workers, completely stopped paying overtime on a Hell’s Kitchen construction project. The construction company was ordered to pay more than $100,000 in fines as a result. In addition to nearly four years in prison, the owner was also ordered to pay more than $117,000 in restitution. This would also fall under labor law violations. Tracking your time and knowing your states Minimum Wage requirements are key, when it comes to fair and equal payments. As a Commercial Property Owner, hiring an honest and reliable contracting company for your renovations can be quite difficult. Unfortunately, when construction companies see Commercial Accounts, they get greedy and start to “Nickle and Dime” for every planned-out expense. According to the NY Post, Bronx-Lebanon Hospital was charged $42,000,000.00 for the initial build, with then an unexpected $5,000.000 balloon payment at the end of construction. The construction scheme used falsified invoices and change orders, which were never seen or approved by the Hospital Building Council. After the construction project was completed, the Federal Bureau of Investigation controlled over $40,000,000.00 in construction contracts during the existence of the project. As you can see, fraudulent business dealings can sometimes happen within the construction industry. Luckily, there are now organizations that stop and prosecute violations such as these. In 1970, the United States Congress passed the RICO Act (Racketeer Influenced and Corrupt Organizations Act). Which is an act relating to the control of organized crime within the United States. There are other business-related RICO offenses other than Racketeering and Usury. There is also gambling, extortion, bribery, counterfeiting, embezzlement, fraud, money laundering and more. If you ever find yourself the victim of any of the following, contact an attorney within your problem category is best.

Whether you are a homeowner, a contractor or a commercial business owner, usury and racketeering in construction come in many different shapes and sizes.
www.liconstructionlaw.com

We have all heard the expression, “Fool me once, shame on you. Fool me twice, shame on me.” But, how do we really know when we are being fooled? Though Construction Fraud was not listed in Investopedia’s Most Common Types of Consumer Fraud article, Construction Fraud is more common than you would think. Normally, when one thinks about the term “fraud”, you think of your credit card being compromised, but did you ever think of Construction Fraud, and ways you can prevent it? According to USlegal.com, the sole definition of Construction Fraud is “The involvement of deceit in the performance of construction work, often involving home repairs. Basically, promises are made that are intended to be relied on, and that reliance leads to harm or loss when the promise fails to be fulfilled.” Just like any obstacles you may pass, there are steps you can take to ensure you are not another victim. Below are four simple steps that can prevent harm from your contracting company. Use a licensed Contractor / Sub Contractor: Using a licensed Contractor means that they hold the appropriate liability and protection insurances, just in case something was to happen on the job. Always request copies of your contractor’s liability and workman’s compensation contracts, for your protection. Review THEN sign your contact: Reviewing your contract before signing it plays a major role in understanding and agreement. The party understands which work will be done and agrees to pay the negotiated price. Nothing more, nothing less. Homeowners are encouraged to seek and obtain qualified legal counsel to review and approve construction agreements, to ensure their concerns are presented and addressed. NEVER PAY CASH: Paying cash as an unrecorded transaction is extremely dangerous for both you and your contractor. If you have a job that is $5,000.00 and you pay your contractor $5,000.00 cash – if he/she felt like it, your contractor could easily lien you and your home for the “remaining $2,000.00 he never received”. Even though you paid every cent due. Should any payments be made in cash, make sure to request and obtain receipts for the transactions, stating the amount paid and date paid on the invoice. Make sure your work is inspected: Making sure your work is checked and inspected afterword ensures that everything is safe and up to code. Once this is finished, you can proceed in paying off your contractor. This can only be done when the owner files an application for a building permit for the work that is being done. You can file building permits at your local Building Department. You should never proceed with finished work without a permit or proper inspections. Thinking you were a victim of fraud and proving fraud in court are two different things. When accusing one of construction fraud, you need to prove that there was harmful and malice content. Though once caught, your contractor would be in a whirlwind of trouble. Fraud in the United States is taken very seriously and can result in heavy payment penalties and even prison sentences. In 2012, New York City’s oldest Contracting Company, Lend Lease, was accused of routinely paying labor foremen for one or two hours of overtime every day that they never worked. This scheme carried out by the company defrauded government agencies and private developers of an estimated $19 million. Lend Lease was fined $56,000,000.00 in restitution because of their 10-year over billing conspiracy. As you can see, being victim to Construction Fraud is preventable, and can save you from non-agreed upon expenses. In today’s day and age of the cyber city, finding reviews on your contractor can be very simple and quick. Personally, searching for reviews and consumer reports on your contractor before a hire is the safest option to find the most reliable contractor for your job.

Learn the steps you can take to ensure you are not another victim of construction fraud. It's more common than you may think.
www.liconstructionlaw.com

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). Even where designs are to the correct level of competency and the construction has been performed with due diligence and care, problems may still arise on a project. 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 defective or improper materials installed can result in the construction being non-conforming (or unacceptable) to the owner. Defective or improper materials can create issues as minor as a correctible cosmetic flaw, to as large as the structure not being usable for its intended purpose. Should a supplier provide defective materials to the subcontractor, the supplier may be found responsible for any damages alleged against the subcontractor as a result of the defective material.[1] Where defective materials have been installed in a project, the proper measure of damages to the owner is equal to the cost of repairing or replacing the defective goods and any damages due to breach of warranty on the goods.[2] The exception to this rule, however, is where the cost of performing the corrective work greatly exceeds the value to be attained. In such a case the measure of damages available is the difference in value, where materials were improperly substituted, but were of like quality and make no appreciable difference in the value of the work.[3] Contractors may be wise in seeking the inclusion of a disclaimer in its contract with the owner, whereby contractor would be absolved of any liability for defects relating to the use of the owner’s specified materials. When dealing with issues around improper materials, an immediate fix may be necessary. If you decide to look into making immediate repairs or if you have already repaired your construction defect, you need to track all steps in this process, as these documents may become critical in a claim. Keep a copy of all contracts or statements of work. If you have any correspondence with the builder, the developer, architect, contractor, or any other building professional, you need to document them and/or keep a copy of the emails, faxes and letters. If possible, it would be prudent to take before and after photos as well. Your comments and article topic suggestions are invited in the comment field below.

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

For Immediate Release: As a dedicated and experienced Construction Law Attorney, the Law Offices of John Caravella, P.C. helps 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, their firm has three offices in Uniondale, Melville, and Ft Lauderdale, FL. With a singular focus on construction law and a detailed emphasis on communication with clients, they can expect honesty and trust from every member of our team. This serves as a foundational principle for the firm, acting as a driving force for growth since their establishment in 2008. John Caravella grew a passion early on for architecture. As a high school student, he was driven to learn and was inspired by Frank Lloyd Wright. His dedication to education and hard work led to a successful career in the field, giving him invaluable experience and skills that serve as not only a unique differentiator, but also as a scaffolding for success in the construction industry. The Law Offices of John Caravella, P.C. also assists attorneys with clients that have construction concerns on a construction project. If your client is planning for a construction project, one is already underway, or they have a concern on a completed matter, do not have just any real estate or traffic lawyer be in your corner. Construction projects are often complex and so to can be the issues related to a construction dispute. To request a consultation, please click here.

As a dedicated and experienced Construction Law Attorney, the Law Offices of John Caravella, P.C. helps Homeowners, Contractors, and Design Professionals with their legal needs in construction litigation and arbitration.
www.liconstructionlaw.com

Two adjacent construction programs worth a total of $8 billion on 180 acres of an active airport in New York City are chugging along, thanks to alternative project delivery methods and unexpected help from the pandemic that reduced active congestion at one of the country’s busiest aviation hubs. With major milestones completed this year, the Port Authority of New York and New Jersey is now pursuing a planned city rail connection for LaGuardia International Airport. The joint venture of Skanska-Walsh is building a new terminal B and two concourses, one of which has opened. Delta is building a new terminal in place of two old ones, including four concourses, one of which has opened. Skanska-Walsh completed an 850,000-sq-ft headhouse for the $4-billion new Terminal B in June. It also finished the first phase of a new western concourse in July. “We still have to finish the second phase of the second concourse,” says Richard Smyth, the port authority’s LaGuardia project director. “That will open by the end of 2021. By January of 2022, we will open up remaining portions of the concourse. Then we will demolish the old concourse.” All structures on the entire $8-billion program had to meet new FEMA flood requirements. “The floodmaps we had for this area weren’t really updated” at the beginning of work, notes Thomas Nilsson, vice president at Skanska USA. “We had to go to FEMA to revise the maps. When we designed the terminal, we had to address flooding in different ways in different locations.” The two new concourses will be connected to Terminal B by 450-ft-long steel pedestrian bridges soaring 80 ft over the active airfield. “The original design [for Terminal B] included opening the headhouse in three phases,” says Nilsson. “But with the bridges, we could go over the existing terminal and open the headhouse all at once.” The steel trusses are fortified by customized molded glass-fiber-reinforced gypsum or glass-fiber-reinforced concrete segments, says Andee Hidalgo, CEO of Spearhead Construction, the interior construction services subcontractor. Launched in 2016, the M/WBE and Service Disabled Veteran Owned Business worked with Skanska and started big with the LaGuardia job. On the Skanska-Walsh portion, $684 million in work is subcontracted to M/WBEs and disabled owners. “I know what it’s like to work in a difficult theater with the stakes high,” says Hidalgo, an Army veteran who received mentoring from Skanska’s Building Blocks program. “That translated easily for me at LaGuardia.” Delta Connections Next “door,” Delta Air Lines has the 230,000-fq-ft second concourse under construction. While the Skanska-Walsh work is part of the nation’s largest aviation public-private partnership in history, Delta acts as the general contractor for its $3.9-billion program, says Ryan Marzullo, Delta’s managing director of New York construction. “We take on the risks of cost and schedule. That also allows us to take control of the delivery process.” Subcontractors reach out directly to Marzullo, which “improves communication and allows us to get this built as efficiently as possible,” he says. Last November, Delta opened its first 105,000-sq-ft concourse. Construction of the 425,000-sq-ft headhouse started in 2018. “The headhouse is really taking shape. Roadways are running ahead of schedule,” says Marzullo, adding that reduced traffic due to the pandemic “opened up real estate we wouldn’t otherwise have had.” It also allowed crews to do more work during daytime. “When you’re able to access solid eight-hour shifts instead of three- to four-hour windows at night, that really helps,” he adds. Delta crews worked closely with the Skanska-Walsh team to negotiate use of limited workspace. “There were areas where we knew if we didn’t change the phasing and get in there early, we’d never get that patch of ground back again,” says Martin Durney, program manager with Burns & McDonnell, prime consultant for the program. Corgan is lead architect for the headhouse and first concourse, while Gensler serves as lead architect for the remaining three concourses. The port authority agreed to let Delta crews use a parking lot early on, and the Uber-Lyft effect that reduced numbers of personal vehicles going to the airport also proved advantageous for construction operations, says Durney. Another challenge early on was discovering that a new substation would be required for electricity capacity. “We constructed it on top of the first concourse,” says Durney. That building is designed to allow floodwater to flow underneath it. The first new concourse also houses the new central heating and cooling plant for the new Terminal C, adds Steve Rice, project director for the construction management team led by STV Inc. and Satterfield & Pontikes Construction, Inc. for the first concourse, headhouse and roadways. Turner Construction joined the team for the second concourse. The conditions at LaGuardia are challenging for all construction crews not only because of live aircraft operations and a tiny “postage stamp” of a site hemmed in by water and highways, but because the site is located on a former amusement park and old ash dumping ground, notes Skanska’s Nilsson. “We encountered quite a bit of wood pilings.” Durney says that for Delta’s buildings, crews are installing 14-in.-diameter steel piles as deep as 195 ft for the buildings, and 20-in.-diameter piles as deep as 160 ft for the new roadways through landfill and riprap. Rice adds that the piles must not only support the buildings but help them resist negative uplift in a flood condition. “The building, if truly waterproof, will want to float,” he says. During the process of combining two former terminals into one, crews utilized a temporary 460-ft-long modular bridge provided by Acrow to get rid of the existing “spaghetti” network of ramps between the two, says Durney. “Then we could demolish all the ups and downs and gain that real estate.” Delta anticipates opening up the first major section of permanent roadway next spring, followed in a year by the headhouse and second concourse, says Marzullo. Work has accelerated by nine months on the third concourse, with a fourth also planned. Piles will be driven this month in the northern section of Concourse F, says Marzullo. In 2022, the last piece of Terminal B will open as well, adds Smyth. “Virtually the entire front of the airport will be wrapped up,” says Smyth. Delta will complete the last two concourses by 2025. By then, construction could be underway on a planned 1.5-mile Airtrain route that would run along the Grand Central Parkway to connect riders from Grand Central Terminal and Penn Station in Manhattan in 16 minutes to the Willets Point subway station in Queens, and to the airport in six minutes from there. “We are in the environmental review phase; we finished the public hearings,” says Smyth. Smyth says the port authority expects a Record of Decision from the federal government next spring, and then can get a contractor on board. The agency says the elevated guideway will require no right-of-way acquisitions. In an online presentation about Airtrain delivered to the Association for a Better New York in late September, Port Authority Executive Director Rick Cotton said of the need for it: “Travel will come back. The traffic will come back. The congestion will come back and the pollution will come back.” Long Island Construction Law does not own this content. This content was created by Aileen Cho and was published to the ERN on October 27, 2020.

Two adjacent construction programs worth a total of $8 billion on 180 acres of an active airport in New York City are chugging along, thanks to alternative project delivery methods.
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As a homeowner, did you ever wonder what was in a Construction Contract? Did you ever question what it was for, what it protected, or even who it protected? When it comes to home and commercial renovations, a homeowner may decide that receiving a signed construction contract is not necessary, perhaps because the size of the project is on the smaller side – however, this may be a decision that they soon regret. Whether a homeowner is renovating a small bathroom or building a home from the ground up, Construction Contracts should always be your very first step before breaking ground, or walls! Depending on the size of the project, Construction Contracts can be as small as one page or go far beyond 20 pages. Even though the size of the agreement can vary, the following are some of the most important fundamental points that a Construction Contract should reference, along with a general overview of each point: Agreement – This section will include who the parties are (i.e. owner, contractor, etc.), their respective addresses, and the location of the construction project. General Conditions – General and Special Conditions are typically the rules, limitations, and restrictions mutually agreed to by the homeowner and the contractor. This section will include items such as the general terms used throughout the contract and a breakdown of the contents of the contract, as well as the responsibilities and rights of each of the parties to the contract. Scope of Work – This section contains the list of materials, charts, or reports that are provided by a contractor, acting as a construction checklist. It will lay out the specific work being done and the manner in which it will be executed. Drawings / Plans – Drawings and Plans in a construction contract consist of the blueprint(s) for your project. Blueprints contain floor plans, elevations, walls, plumbing systems, electrical layouts, and more. This section will contain references to – and the locations of – the specific drawings and/or plans being used on your construction project. Schedule of Construction – This section will set forth the specific timeline for your construction project, including the commencement date, the phase completion dates, and the final completion date. These dates can be affected by supply stock, weather, and if the project owner is up to date on payment terms. Negotiated Cost – This will contain the cost of the entire project and the breakdown of payments, if applicable, and may include any negotiated costs for labor and supplies. The payment terms, such as deposit, payment plan, method of payment, or lien consequences may also be included. As you can see, Construction Contracts hold great importance for all parties and lay out the protection and rights for everyone involved, allowing for a (hopefully) smooth construction project. A Construction Contract brings peace of mind for the parties involved, as well as organization, and the preservation of order and ease. If you are a contractor or homeowner and need a third-party review of your contract, or need a contract drawn up, reaching out to your local Construction Attorney would be your best option to assure accuracy and legitimacy of the contract. Additional guidance can be found at https://www.aiacontracts.org/ which provides parties with initial drafts for their construction contracts.

As a homeowner, did you ever wonder what was in a Construction Contract? Did you ever question what it was for, what it protected, or even who it protected?
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New Guidance Indicates Construction Not Likely To Be Shut Down In New York Long Island Construction Law does not own this content. This content was created by Jenn Goodman and was published to Construction Drive on December 18th, 2020. New York officials have issued additional guidance about construction’s essential status that seems to indicate that even in the areas hardest hit by the coronavirus outbreak, construction will most likely remain essential. Based on the latest clarification, the Associated General Contractors of New York State told its members in an emailed update yesterday that it believes the following applies: If a region becomes a “Red Zone,” the guidance at this link on essential business applies. This guidance deems construction broadly essential, saying that projects may continue, but any work that can be done remotely such as office-based work must proceed remotely to the extent practicable. Employees who are not directly involved in in-person work at the business location/construction site are prohibited. If the state moves to a full shutdown such as happened with this spring’s “NY on Pause,” then the more restrictive definition of essential construction would apply, halting projects across the state but allowing for the continuation of school, infrastructure and healthcare construction among other types of projects. AGC NYS CEO Mike Elmendorf said the changing guidance is not surprising, because the industry and government officials are navigating the effects of a surging pandemic while balancing safety and jobs. “The governor and his team are making adjustments and changes as the facts and data warrant, and at times that means things get confusing. It is to a significant degree unavoidable. We are in uncharted waters here,” he said. “We certainly understand that and have been communicating regularly with the administration on these matters since the start — and we appreciate the clarity that has been brought to this from the start,” he added. “We have come a long way on clarity since the spring.” The construction industry has been broadly deemed essential from the beginning of the pandemic, Elmendorf noted. “We have kept working and the data shows we have done it safely,” he said. “In doing so, we have kept a critical component of our economy and critical supply chains online. We are prepared to continue doing that — safely.” Dive Brief: Much like during the early days of the pandemic, new COVID-19 guidance from New York State puts renewed focus on whether businesses, including construction, are essential. This weekend, the state updated its guidance for its COVID Cluster Action Initiative indicating that all but essential businesses will be shut down if a region reaches Red Zone status. The initiative divides clusters and the areas around them into three categories with successively higher restrictions: Yellow Zones, Orange Zones and Red Zones. For contractors, the new guidance relies on a more restrictive definition of essential construction (item 9 here) in Red Zone areas, eliminating previous language that appeared to broadly deem construction as essential, according to a letter from the Associated General Contractors of New York State to its members. Dive Insight: The zones are designed to help control COVID-19 spread and protect hospital capacity in New York, which has seen rising caseloads since the fall. According to an online tracker, no areas are deemed Red Zones but there are several Orange and Yellow areas. The metrics used for each are: Red Zone: A Red Zone will be implemented when a region, after the cancellation of elective procedures and a 50% increase in hospital capacity, is 21 days away from reaching 90% hospital capacity on the current seven-day growth rate. Orange Zone: A geographic area will be eligible to an Orange Zone if it has a 4% positivity rate (seven-day average) over the last 10 days and it is located in a region that has reached 85% hospital capacity. Alternatively, an area may also become an Orange Zone if the New York State Department of Health determines the region’s rate of hospital admissions is unacceptably high and a zone designation is appropriate to control the rate of growth. Yellow Zone: A geographic area will be eligible to enter a Yellow Zone if it has a 3% positivity rate (seven-day average) over the past 10 days and is in the top 10% in the state for hospital admissions per capita over the past week and is experiencing week-over-week growth in daily admissions. As national virus case counts spike, and daily death tolls reach their highest levels since the spring, contractors around the country are worried about the potential for more stop-work orders to prevent the continued spread of COVID-19, similar to initial shutdowns that were put in place in the first weeks of the pandemic, prior to construction being deemed essential in most regions. The AGC NYS last week led a statewide coalition of industry groups calling on Gov. Andrew Cuomo to continue to deem construction essential in all zones. “As COVID-19 cases continue to spike throughout New York State and the nation, the construction industry has worked in a safe and essential manner,” read a letter signed by the leaders of 21 construction-focused groups and trade unions. “We strongly urge you to keep construction as an essential business so that we can keep this critical sector of the economy working.” In a briefing last week, Cuomo provided data that showed construction as the source of exposure in only .66% of COVID-19 cases from September to November, according to contact tracing data. AGC NYS CEO Mike Elmendorf noted, in the letter to members, that the situation is evolving and said that he anticipates the industry is re-entering a period of frequent changes to rules and guidance.

New York officials have issued additional guidance about construction’s essential status that seems to indicate that even in the areas hardest hit by the coronavirus.
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John Caravella’s Article on Affirmative Action for Contractors to be Featured in Nassau County Bar Association’s “The Nassau Lawyer” Publication In January 2021, The Nassau Lawyer will publish an article written by Mr. Caravella, regarding protected classes and anti-discrimination laws within New York State. Business Owners and 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, or please scroll down below. Primer on Affirmative Action for Construction Contractors By John Caravella All businesses must avoid discriminating against members of protected classes when making employment decisions, but federal contractors, including construction contractors, must also take affirmative steps to ensure that they hire and promote members of protected classes. As discussed below, these affirmative action requirements derive from several discrete legal authorities and carry a range of undesirable sanctions for violators. Moreover, recent changes in antidiscrimination law suggest a growing tension between affirmative action and color- and gender-blindness that may further complicate matters for construction contractors in the future. While the laws discussed herein apply to all federal contractors, provisions vary between construction and non-construction contractors. This article focuses on affirmative action as it pertains to construction contractors in particular. There are three primary sources of affirmative action requirements: Executive Order 11246; the Rehabilitation Act of 1973; and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (the “VEVRAA”). Executive Order 11246, as amended, applies to equal opportunity regardless of race, color, religion, sex, sexual orientation, gender identity, or national origin and requires federal contractors to take affirmative action to ensure that applicants are employed, and employees are treated during employment, without regard to the foregoing classes.[i] The Rehabilitation Act of 1973 requires federal contractors to take affirmative action to employ and advance in employment qualified individuals with disabilities.[ii] The VEVRAA requires federal contractors to take affirmative action to employ and advance in employment qualified covered veterans, including disabled veterans and recently separated veterans.[iii] The three schemes of affirmative action requirements affect construction contractors differently and impose different requirements. Executive Order 11246’s coverage spans all construction contracts with the federal government and its agencies, and all contracts undertaken with federal funds, where the contract sum is at least $10,000.00.[iv] Relevant exceptions include contracts for work to be performed outside the United States by workers from outside the United States and contractors giving hiring preference to Native American Indians with respect to projects on or near Native American Indian reservations.[v] Given the narrow field of applicable exemptions, essentially all construction contracts with federal authorities will be subject to equal opportunity and affirmative action requirements as to race, color, religion, sex, sexual orientation, gender identity, or national origin. Where Executive Order 11246 applies, the contractor must initially maintain personnel records for up to two years from the date of making the record or the personnel action involved, including not only documentation as to employees but also job applications, postings, and submissions from applicants.[vi] The contractor must be able to identify the gender, race, and ethnicity of employees and applicants in connection with these records.[vii] While construction contractors are not required to develop a written affirmative action plan under Executive Order 11246 and its regulations,[viii] they must take affirmative actions including the following: Making employment opportunities known to minority and female recruitment sources; Reviewing equal employment opportunity policies with all minority and female employees; Specifically directing recruitment efforts to minority, female, and community organizations, schools with minority and female students, and minority and female recruitment and training organizations; Encouraging present minority and female employees to recruit other minorities and women; and Annually evaluating all minority and female employees for promotional opportunities and encouraging minority and female employees to seek or prepare for such opportunities through training.[ix] Much like Executive Order 11246, the Rehabilitation Act applies to construction contracts where the contract sum is more than $10,000, including subcontracts where the project owner is the federal government or one of its agencies.[x] There is also a similar exclusion for employment activities outside the United States.[xi] Unlike Executive Order 11246, however, the Rehabilitation Act imposes greater requirements, in the form of a written affirmative action plan, where the above criteria are met and where the employer has more than 50 employees and a covered contract for least $50,000.[xii] Under the Rehabilitation Act and its regulations, there is a similar two-year record-keeping requirement concerning personnel actions, with the same abbreviated period for smaller employers.[xiii] Above and beyond that, however, the regulations require contractors to expressly invite applicants and employees to self-identify as a person with a disability.[xiv] Where the size of the employer and contract necessitate a written affirmative action plan, its requirements include: Ensuring that personnel practices allow for the consideration of applicants and employees with disabilities for hiring or promotion; Ensuring that physical and mental job requirements that might screen out persons with disabilities are related to the job in question and born of business necessity; Addressing performance problems of individuals with known disabilities by inquiring whether the problem is related to the disability and whether the individual requires a reasonable accommodation; Specifically recruiting qualified individuals with disabilities, such as by sharing job openings with a state developmental services office or a private organization that specializes in training and placement of individuals with disabilities; and Maintaining records of hiring activities with respect to individuals with disabilities for three years.[xv] As opposed to Executive Order 11246 and the Rehabilitation Act, VEVRAA has its own, distinct application. Construction contracts with the federal government and its agencies of more than $150,000 are subject to VEVRAA.[xvi] Like the laws discussed above, VEVRAA applies only to employment activities within the United States, [xvii] and like the Rehabilitation Act, the requirement for a written affirmative action plan only applies to contractors with more than 50 employees.[xviii] VEVRAA requires substantially similar actions to those under the Rehabilitation Act but for the fact that they apply to covered veterans rather than individuals with disabilities. The two-year record-keeping requirements for general personnel records are the same, with the same reduced record-keeping requirement for smaller employers.[xix] Contractors must invite applicants and employees to self-identify as covered veterans,[xx] and where required, an affirmative action plan must ensure that personnel processes permit advancement, direct outreach efforts to appropriate agencies, and maintain hiring records for three years, albeit geared toward protected veterans in this instance.[xxi] Additionally, contractors must list employment opportunities with employment service delivery systems so qualified covered veterans may be referred,[xxii] and finally, contractors must set benchmarks for hiring qualified covered veterans, which may be calculated in alternative ways, and retain records concerning their setting of benchmarks for three years.[xxiii] While the foregoing laws concern employment actions vis a vis minority groups, contractors must nevertheless avoid giving the impression of hostility to what might be considered “majority” groups. Recently, President Donald J. Trump signed into law Executive Order 13950, which contains several provisions relevant to affirmative action programs and applicable to federal construction contracts. With respect to all federal construction contracts except those exempt from Executive Order 11246, contractors are forbidden from using “any workplace training that inculcates in [their] employees any form of race or sex stereotyping or any form of race or sex scapegoating[.]”[xxiv] Race or sex stereotyping is defined as “ascribing character traits, moral and ethical codes, privileges, status, or beliefs to a race or sex, or to an individual because of his or her race or sex.”[xxv] Race or sex scapegoating is defined as “assigning fault, blame, or bias to a race or sex, or to members of a race or sex, or to an individual because of his or her race or sex.”[xxvi] Executive Order 13950 might seem like it is at odds with a statutory and regulatory scheme geared toward affording advancement opportunities for minority workers, but these provisions can be reconciled. Executive Order 13950 does not mandate treatment of workers regardless of race or sex, which would of course preclude affirmative action. Rather, it requires neutrality in training, which cannot assign any particular characteristics, including fault for the necessity of affirmative action laws, to any race or gender. Ultimately, both as a matter of compliance with Executive Order 13950 and avoiding workplace conflict, construction contractors should discuss race and sex discrimination and affirmative action only in terms of the employer’s obligation without offering any opinions on whether—or why—such measures are proper or necessary. Noncompliance, whether with Executive Order 13950, Executive Order 11246, the Rehabilitation Act, or VEVRAA, carries a series of penalties. Under all of these laws, a construction contract may be cancelled, suspended, or terminated in the event of a violation, and the contractor may be debarred from being awarded federal contracts.[xxvii] Other potential penalties include backpay to employees with interest and injunctions against further violations,[xxviii] as well as the withholding of progress payments.[xxix] Earlier this year, the Department of Labor’s Office of Federal Contract Compliance Programs, which enforces the affirmative action laws, resolved a complaint against federal construction subcontractor EnviroVantage Inc. for failing to hire 12 eligible female workers, resulting in the contractor paying $100,000 in back wages and interest and agreeing to hire 12 eligible female workers as positions became open.[xxx] The resolution of a complaint for Fort Myer Construction Corp.’s violations, including violating the affirmative action laws by failing to hire qualified female and African American applicants, involved a payment of $900,000 and a commitment to offer positions to 7 qualified women and 30 qualified African Americans as positions become available.[xxxi] Under the threat of the foregoing sanctions, construction contractors must walk a proverbial tightrope to comply with affirmative action requirements. Although the introduction of Executive Order 13950 does not outright contradict those requirements, it suggests the idea of a departure from affirmative action that may or may not take off. Ultimately, this field of law continues to evolve, and navigating it successfully will continue to require extraordinary tact on the part of construction contractors and their attorneys John Caravella, Esq. is a construction attorney and formerly practicing project architect at The Law Office of John Caravella, P.C., representing architects, engineers, contractors, subcontractors, and owners in all phases of contract preparation, litigation, and arbitration across New York and Florida. He also serves as an arbitrator to the American Arbitration Association Construction Industry Panel. Mr. Caravella can be reached by email at [email protected] or by telephone at (516) 462-7051. [i] Exec. Order No. 11,246, 30 Fed. Reg. 12319 (Sep. 24, 1965); as amended by Exec. Order No. 11,375, 32 Fed. Reg. 14303 (Oct. 13, 1967); Exec. Order No. 12068, 43 Fed. Reg. 46501 (Oct. 5, 1978); Exec. Order No. 13,665, 79 Fed. Reg. 20749 (Apr. 8, 2014); and Exec. Order No. 13,672, 79 Fed. Reg. 42971 (Jul. 21, 2014). [ii] 29 U.S.C. § 793(a). [iii] 38 U.S.C. § 4212(1). [iv] 41 C.F.R. § 60-1.5(a)(1); 41 C.F.R. § 60-4.1. [v] 41 C.F.R. § 60-1.5(a)(3) and (7). [vi] 41 C.F.R. § 60-1.12(a). The time period is one year from the date of making the record or the personnel action involved if the contractor has fewer than 150 employees or its contract sum is less than $150,000. [vii] 41 C.F.R. § 60-1.12(c). [viii] 41 C.F.R. § 60-2.1(b). [ix] 41 C.F.R. § 60-4.3(a). [x] 29 U.S.C. § 793(a). [xi] 41 CFR § 60-741.4. [xii] 41 CFR § 60-741.40. [xiii] 41 CFR § 60-741.80. [xiv] 41 CFR § 60-741.42. [xv] 41 CFR § 60-741.44. [xvi] 38 U.S.C. § 4212. The figure of $150,000 is adjusted from $100,000 in the original VEVRAA to account for inflation per 48 CFR § 1.109. [xvii] 41 CFR § 60-300.4. [xviii] 41 CFR § 60-300.40(a). The regulations specify that the affirmative action plan requirement also applies only where the contractor has a contract in excess of $100,000, but this is presently redundant, given the current threshold dollar amount for VEVRAA to apply at all. [xix] 41 CFR § 60-300.80(a). [xx] 41 CFR § 60-300.42. [xxi] 41 CFR § 60-300.44. [xxii] 38 U.S.C. § 4212. [xxiii] 41 CFR § 60-300.45. [xxiv] Exec. Order No. 13950, 85 Fed. Reg. 60683 (Sep. 22, 2020). [xxv] Id. [xxvi] Id. [xxvii] Id.; Executive Order 11246 Secs. 207(7), 209; 41 CFR § 60-1-27(b); 41 CFR § 60-300.66; 41 CFR § 60-741.66(a). [xxviii] 41 CFR § 60-1-26(2); 41 CFR § 60-300.65 (a)(1). [xxix] 41 CFR § 60-300.66. [xxx] U.S. Department of Labor. New Hampshire Federal Construction Subcontractor Enters Agreement to Settle Hiring Discrimination Found by U.S. Department of Labor. https://bit.ly/3oujX1E. [xxxi] U.S. Department of Labor. Fort Myer Construction Will Pay $900K to Settle Discrimination and Harassment Case Involving 371 Women and Minorities, https://bit.ly/3oIlYaJ.

The Nassau Lawyer will publish an article written by Mr. Caravella, in regard to protected classes and anti discrimination laws within New York State.
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US construction spending increases solid 0.9% in November Spending on U.S. construction projects increased 0.9% in November as strength in home building offset weakness in other parts of the construction industry. The November gain followed a bigger 1.6% rise in October and left construction spending up 4.4% through the first 11 months of 2020 compared to the same period in 2019, according to the Commerce Department. For November, spending on residential construction rose 2.7% with single-family construction surging 5.1 percent while apartment construction was flat, according to the new data released Monday. Record low mortgage rates have spurred strong demand for housing even as a global pandemic resulted in widespread lock downs for other parts of the economy. Spending on non-residential projects fell 0.8% with spending for office buildings dropping a sharp 8.1%. Spending on government projects dipped 0.2% in November. Many state and local governments are facing severe budget constraints as a sharp recession has cut into tax revenues. Construction employment on Long Island still lags behind last year. The number of construction jobs in Nassau and Suffolk counties fell 6 percent year over year, dropping from 84,400 in Nov. 2019 to 79,600 in Nov. 2020, according to the Associated General Contractors of America. Regionally, construction employment in New York City decreased by 11 percent from Nov. 2019 to Nov. 2020, losing 16,700 construction jobs year over year. Construction employment in the Orange-Rockland-Westchester area fell by 3,500 jobs from Nov. 2019 to Nov. 2020, for an 8 percent drop. Nationwide, construction employment declined in 203 out of 358 metro areas, between Nov. 2019 to Nov. 2020, the AGCA reports. Construction employment still behind last year Construction employment on Long Island still lags behind last year. The number of construction jobs in Nassau and Suffolk counties fell 6 percent year over year, dropping from 84,400 in Nov. 2019 to 79,600 in Nov. 2020, according to the Associated General Contractors of America. Regionally, construction employment in New York City decreased by 11 percent from Nov. 2019 to Nov. 2020, losing 16,700 construction jobs year over year. Construction employment in the Orange-Rockland-Westchester area fell by 3,500 jobs from Nov. 2019 to Nov. 2020, for an 8 percent drop. Nationwide, construction employment declined in 203 out of 358 metro areas, between Nov. 2019 to Nov. 2020, the AGCA reports. Besides New York City, the metro areas seeing the largest year-over-year drops in construction employment in November include the Houston area, which lost 22,500 jobs for a 9 percent drop; the Midland, Texas area, which lost 9,800 jobs for a 25 percent decline; and the Montgomery/Bucks/Chester counties area in Pennsylvania, which lost 8,800 construction jobs for a 16 percent drop. Long Island Construction Law does not own this content. This content was created by David Winzelberg and The Associated Press and was published to the Long Island Business New.

The November gain followed a bigger 1.6% rise in October and left construction spending up 4.4% through the first 11 months of 2020.
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Law has an impact on almost all aspects of life, from personal injury, family disputes, and real estate. Construction Law in particular has a far-reaching effect on many people’s lives without them even realizing. To begin with, Construction Law is made up of a broad subset of legal fields, including areas such as contract law, real estate law, administrative law, environmental law, regulatory, and insurance. Construction Law is a segment of law that works with specific industries such as construction, architecture, engineering, and more. Under the construction law umbrella, many construction issues consist of contract creation and negotiation, sureties and bonds, construction claims and defects, employment laws, and even business tune-ups. Within this article, we will specify the areas that are most common in the construction law segment, along with special areas you might not have thought of. Common Issues Construction Law comes in many different shapes and sizes. Between construction professionals, design professionals and homeowners, the list of disputes and complaints that may arise among them are never shocking to our firm, and are typical for this type of law. Some common issues that arise in this area are disputes involving breach of contract, scope of work, and permit issues. 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. Contact our firm today to find out how best to protect yourself in one or more of these situations. Special Issues Depending on the size of your project or dispute, you could be faced with environmental and irrigation issues, fire codes and regulations, insurance issues, OSHA compliance issues[1], county inspections, embezzlement and fraud, state and local building codes, and safety violations[2]. These issues can lead to licensure loss, property loss, and major monetary loss, and could be avoidable if the right preemptive steps are taken. References to Browse Wikipedia | American Bar Association | American Arbitration Association | Occupational Safety and Health Administration | Find Law Who is John Caravella? 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 is this trust and confidence from clients that is always our first priority. This serves as a foundational principle for the firm, acting as a driving force for growth since our establishment in 2008. The Law Offices of John Caravella, P.C. offers a free initial consultation with a Long Island construction attorney to discuss your legal concerns with no obligation. [1] Occupational Safety and Health Administration’s (“OSHA”) laws and regulations can be found here: https://www.osha.gov/laws-regs. [2] Additional information on NYS mandatory statewide Uniform Fire Prevention and Building Code (Uniform Code) and State Energy Conservation Construction Code (Energy Code) can be found here: https://www.dos.ny.gov/DCEA/.

Law has an impact on almost all aspects of life, from personal injury, family disputes, and real estate.  Construction Law in particular has a far-reaching effect.
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