New York Legal Blog

Construction defects can result in construction litigation

One of the things that New York City is most famous for is buildings. There are buildings in the area that are known all over the world. Of course, among the famous ones, there are others that are known only to those who walk the streets of the city and encounter those buildings in their day-to-day lives. One thing that all of the buildings have in common is that they started out as construction projects. When something goes wrong with one of them, there may be construction litigation.

One basis for litigation is the claim that a building has construction defects that result in ongoing problems and are directly attributable to one or more of the individuals or companies who were involved in the construction process. A construction defect is legally defined by each state, and definitions tend to include defects in the design, workmanship, materials or systems of a project when any of those result in the failure of any part of a building or other structure in a way that causes damage to either persons or property.

Does your business need non-compete agreements?

If you are a small business owner, you have many responsibilities on your hands. You have to keep your eye on the bottom line, which is why you can't afford to breed competition right in your own workforce.

Large corporations traditionally use ironclad non-competition agreements (NCAs) to keep former employees from going off on their own and becoming direct competitors. But these legal documents may also be ideal to protect small business owners from poaching employees.

What are the kinds of construction defects?

In New York, New York, there are endless construction projects. The city is famous for having some of the most well-known buildings in the world. Of course, things can go wrong, resulting in construction litigation.

Sometimes that involves construction defects, which is why it is useful to be informed about those.

What should you know about breach of fiduciary duty?

New York, NY has businesses of all sizes, from small startups to billion-dollar goliaths of commerce. Some are flourishing, and some are failing. All of them, at some point, will find themselves at odds with individuals and other companies they work with.

At those times, the businesses involved may want to consult with an attorney about pursuing commercial litigation. One of the circumstances in which it is good to explore your legal options is when you feel that someone has engaged in a breach of fiduciary duty.

How zoning works in New York City

Zoning is a term that refers to the physical layout of a city. It's a type of city planning that has a goal of keeping different types of properties that use land in an incompatible fashion separate from one another.

For example, cities generally prefer to keep buildings that are intended to be used for industrial purposes away from residential homes. It's believed that by restricting the use of land for buildings of certain setbacks, shapes, sizes, and heights, it makes for a more amenable environment for all.

Get to know the contractor working on your property

New York City is known worldwide for its buildings, and is a site of constant construction throughout every year. Construction project range from renovations of single family homes to the development of towering skyscrapers. Of course, with so many projects underway every day, there are often disputes which can require the services of attorneys who are experienced in construction litigation. Those disputes are often between the contractor who is working on the project and the owner of the property.

For that reason, it is important to know as much as possible about the contractor working on your property. To start with, you'll want to get their contact information, including their emergency phone number. That way, you can contact them when you need to.

Court: False online profile lawsuit under FCRA can go forward

What would you do if an online profile about you was full of errors? Many people access these profiles -- employers, clients, landlords -- even creditors. If the information were significantly inaccurate it could seriously impact your life, couldn't it?

Whether the errors could cause real-world damage was in question before the U.S. Supreme Court last May. A man had brought a lawsuit under the Fair Credit Reporting Act, claiming willful violations. He was suing online profile aggregator Spokeo, claiming that his profile was wildly inaccurate. The high court sent the case back to the appeals court to determine whether he had suffered any real damages.

Using a mechanic's or materialman's lien to ensure you are paid

If you're a contractor, subcontractor or material supplier involved in construction projects in New York, you've probably filed a mechanic's or materialman's lien against a property when a contractor hasn't paid you for your work or materials. It's one of your most efficient and effective ways of obtaining payment, but it's not foolproof. If you don't file a lien properly and act within designated time limits, you could lose your right to use this valuable collections tool.

For a private improvement construction project, a mechanic's or materialman's lien can be filed against the property that received the benefit of your work and/or materials. While that lien is in place, the owner likely won't be able to take out any loans against the property. More importantly, the lien must be paid before the property can be sold, or paid off as part of the sale. That means that, should a general contractor fail to pay you, the property owner may be required to do so. 

'Billionaires' Row' supertower fight may be resolved via rezoning

Developer Gamma Real Estate is planning a new luxury-condominium supertower called The Sovereign on East 58th Street between First Avenue and Sutton Place. It has already purchased and demolished the four-story walkups that were there and has begun digging for the new tower's foundation.

In late June, however, inspectors found small cracks in the foundation of a building next door to the supertower, so the Buildings Department stopped work on the site.

New York's Observation Wheel held up by construction issues

New York is in the midst of allegations of a multi-million dollar contract breach. The issue involves the famed observation wheel. The wheel was designed to be the highlight of the redevelopment plan for the North Shore. It is touted to be a "must see iconic structure that will change the New York City skyline forever."

Unfortunately, these plans are temporarily on hold. 

Contact Us Today

Get a Free Initial Consultation

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

New York office Location

Todd & Levi, L.L.P.
444 Madison Avenue
Suite 1202
New York, NY 10022

Phone: 212-308-7400
Fax: 212-308-8450
Map & Directions

Phone: 212-308-7400 Fax: 212-308-8450