Posted by Karl Silverberg | Feb 09, 2021 |
Most construction contracts include either mediation or arbitration clauses in them. These alternative dispute resolution options provide construction companies and their workers, vendors and clients a way to amicably work out their differences before pursuing costly litigation.
Many constructio...
Posted by Karl Silverberg | Jan 27, 2021 |
Do you have a mechanic's lien attached to your Bronx property? If so, selling it could be a major issue.
Mechanic's liens can end up being a serious problem for property owners. Once they're attached to a property by a contractor or a supplier, they can interfere with your ability to sell the pro...
Posted by Karl Silverberg | Jan 14, 2021 |
At some point in every builder's or contractor's career, they are bound to encounter a difficult client. If you find yourself at this juncture now, it is understandable that you might be ill-equipped to resolve the matter satisfactorily.
After all, “the customer is always right” is a motto that h...
Posted by Karl Silverberg | Jan 11, 2021 |
Construction consistently remains in the top-ranked most dangerous professions in the United States of America. There are both federal and state laws aimed at protecting construction workers. Rules establish safety equipment requirements and even training for workers at high risk for injury or de...
Posted by Karl Silverberg | Jan 06, 2021 |
In construction, disagreements with builders, subcontractors and owners will occasionally happen. When they turn serious, however, you need to know the difference between a breach of contract and a breach of warranty — as well as how that may ultimately affect your legal options.
How does a breac...
Posted by Karl Silverberg | Dec 14, 2020 |
Many companies in the construction industry in New York feel like there is no choice but to hire union workers. Cooperating with a union can be beneficial for your business. It can give you access to a large pool of talent and help you earn a reputation as an ethical company and a good place to w...
Posted by Karl Silverberg | Dec 02, 2020 |
As a contractor, you know that no job goes completely smoothly. You may have disputes with the company or individuals that hired you. That's when having a well-crafted, detailed contract is extremely valuable.
What if things get so bad that you feel you need to have your workers pack up and leave...
Posted by Karl Silverberg | Nov 13, 2020 |
New York has some of the most impressive buildings in the country, including some of the oldest and tallest skyscrapers. All of those tall buildings come at a cost to workers.
Construction professionals can and do fall while working on tall buildings, often with disastrous and even fatal results....
Posted by Karl Silverberg | Nov 03, 2020 |
If you are a homeowner who bought a newly constructed property in a subdivision, only to have the contractor use the wrong materials, the issues with your home might compromise your enjoyment of the property or even its value.
If you are a construction professional, vague requirements and instruc...
Posted by Karl Silverberg | Oct 29, 2020 |
In construction, surety bonds are designed to manage the three-way agreements between the surety provider, the principal (usually, the contractor) and the obligee (often the owner of the property or the general contractor). When everything goes as planned, the bond is voided. When things go awry,...
Posted by Karl Silverberg | Oct 16, 2020 |
You enjoy working as a contractor. What you don't enjoy is doing that work and then having customers refuse — or “forget” — to pay you. After it happens a few times, you may decide that you want to start asking for money upfront. After all, getting paid in advance will help your cause because tha...
Posted by Karl Silverberg | Oct 02, 2020 |
Construction is a difficult industry in that it's very hard to please everyone you work for. The person who hired you to do the job may seem less than thrilled with the results, but does that mean it's your fault? They may claim that there are defects and subpar craftsmanship, but is that actuall...
Posted by Karl Silverberg | Sep 18, 2020 |
Running a construction company means being subject to many rules at both the federal and state level. There are employment laws, safety regulations and building standards that you must know and comply with it at all times.
Workers' compensation insurance sits at an interesting junction among cont...
Posted by Karl Silverberg | Sep 09, 2020 |
As a company in the construction industry, there's no denying the fact that you work with many other companies and/or individuals on a regular basis. While this is all part of the business, you must take steps to protect your legal rights.
Should you find yourself face to face with a construction...
Posted by Karl Silverberg | Sep 02, 2020 |
When you arrived to work at the site of a new project, you were surprised that it wasn't exactly what you expected. You saw a few additional large rocks jutting out of the ground that weren't included in the original plans, and you worried that the subsurface area may not be as expected, either.
...
Posted by Karl Silverberg | Aug 27, 2020 |
When you supply materials or perform labor for a homeowner who's remodeling their property or someone that's building a new house, you expect to be paid in full for the value of the goods or services you provided. Unfortunately, both individual homeowners and companies providing construction and ...
Posted by Karl Silverberg | Aug 06, 2020 |
Construction can be a lucrative business, as long as things go well. If you end up in a dispute with a contractor or client, the dream of financial success can seem a long way off.
When things do not go to plan, there are three ways of solving the issue between you:
Litigation: You take y...
Posted by Karl Silverberg | Jul 27, 2020 |
As a contractor, your reputation is important to you. You probably know that word-of-mouth from satisfied clients has helped your business grow. Unfortunately, unhappy clients tend to be a lot vocal than happy ones. In fact, a satisfied customer will usually tell around five people about their po...
Posted by Karl Silverberg | Jul 13, 2020 |
General contractors and subcontractors on a construction project always have at least one thing in common: They want to get paid. Unfortunately, there can be big delays in those payments when an owner or developer holds up their end of the deal for some reason. When that happens, the pay-if-paid ...
Posted by Karl Silverberg | Jul 03, 2020 |
Working as a contractor who helps to remodel, repair or construct homes can mean working for many days without receiving full payment up front. It is common for property owners to pay a deposit, which may include the cost of materials and a portion of the labor cost. They will then make payments ...
Posted by Karl Silverberg | Jul 01, 2020 |
So much for creating beautiful buildings which make people happy. You spent months on this project, worked late to meet the deadlines, and came in under budget. Yet, this morning you walked into the office to find a letter waiting, telling you the client was suing. It's enough to make you wish yo...
Posted by Karl Silverberg | Jun 18, 2020 |
You take on a construction project, confident in your quote. As you get into it, though, you start to fear that it's realistically going to go over the budget. Why does this happen?
One reason is just that you can uncover issues you did not anticipate. Maybe you thought that the slab had already ...
Posted by Karl Silverberg | Jun 05, 2020 |
You were hired to complete a renovation in New York, and you thought that all was going well. You had a great contract with the client, and they were covering your work and materials based on a project rate and additional hourly rate once you exceeded the hours allowed in the initial contract. Th...
Posted by Karl Silverberg | May 26, 2020 |
If you're a contractor in New York working a construction project for a property owner who hasn't paid, you need to consider some of the possible remedies available for you to see that these debts are collected. One of the main debt collection tools available to you is filing a mechanic's lien.
...
Posted by Karl Silverberg | May 15, 2020 |
The New York construction industry is thriving, but that does not mean that contractors are without problems plaguing their business endeavors. One of the most troubling and damaging problems contractors face is when their clients will not pay their bills. Non-payment can turn a growing construct...