New York Legal Blog

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.

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.

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