New York Legal Blog

Construction projects often result in litigation

New York, New York, may be more well-known for construction projects than anywhere else on Earth. Some of the most famous buildings of this century have been in New York. Each product includes an array of interested parties, from buyers and funders on one side to architects, construction contractors and subcontractors on the other side. From time to time, one of those parties proves to be unhappy with how things are being done by another of those parties. Those things may include payment, timetables, quality issues or any number of other factors. When that happens, the result is often construction litigation.

Sometimes construction projects face objections from those who have businesses and residences in the area that the construction project is to be done in. This can be frustrating for developers, as those who object to the projects contact government officials to get the projects stopped. Objectors and developers want their positions to prevail, and the conflict between them can drag out for years.

What are Shareholders' Agreements?

Throughout New York, NY, there are businesses of all sizes. Many of those begin as partnerships, as people with skills, plans and resources combine what they have to offer in the hope of securing greater success together than they would have alone. Many of those partnerships work out well.

Others, however, do not. If there isn't a plan in place to deal with ending the partnership, contentious and expensive commercial litigation may follow, damaging the business. For that reason, it is a good idea to have a shareholders' agreement in place.

It is important to understand construction defects

There is construction in progress every day of every year in New York, New York. New skyscrapers and small offices are built to suit a wide range of businesses, each with their own needs. Of course, there are times when construction does not go according to plan, resulting in construction defects and corresponding construction litigation.

Construction defects can occur at any stage of the construction process, including when the construction project is being designed, planned, supervised, inspected or built. Deficiencies that arise at any of those stages are construction defects if they are indicative of a failure to do the construction in a "reasonably workmanlike manner" or if the structure built fails to meet the performance specifications that are reasonably expected by the buyer.

New York laws protect consumers

New York, New York, is known as one of the busiest centers of commerce on Earth. Business people from the full spectrum of professions come to New York to ply their trade. Of course, the sheer volume of deals made inevitably means that a significant number of them will wind up being contentious between the parties involved and may result in commercial litigation.

The problems leading to that point may be because of deceptive trade practices, which are defined as practices that include false claims, disinformation and other misleading tactics that are employed with the specific purpose of getting people to pay for a service or product, resulting in sellers profiting from deceiving buyers. An example of that is car dealers who set the mileage on a car's odometer to much lower than it actually is, in order to convey the inaccurate impression that the car has been driven less to a potential customer. Another example, which many retail stores use, is bait and switch, which involves drawing potential customers to their store by promising the availability of an item that they don't actually carry in the hopes that, once at the store, customers will buy other products.

Know the ultimate goal of plaintiffs in construction litigation

Construction law is multifaceted and often very complex. Whether your case involves contract negotiations with federal agencies that must follow very strict guidelines or deals with materialmen's liens or even a wrongful death claim, you want your client to emerge victorious.

Realistically speaking, however, you know that will not always be possible in all cases. Still, your goal is to leave your client in the best shape possible, or at the very least, not to take too big of a hit.

Was your child injured by a dangerous piece of Ikea furniture?

Eight children have died as a result of a dangerous piece of Ikea furniture that's at risk of tipping over. The furniture seller said that it has provided services to secure and/or refund 17 million defective pieces of furniture, which pose a serious risk to toddlers. So far, eight children have died because of the furniture's tendency to tip over and crush infants.

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.

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