Construction Law
Construction law is a broad spectrum of law that covers a variety of areas. It is a growing area of the law throughout the United States that relates to all types of property in all regions. It covers situations such as litigation over contracts, workplace injuries, illnesses and fatalities and more. For a better understanding of the topic, here is an overview of construction law.
Types of Construction Disputes
Construction projects come with certain legal obligations and contracts. They can be broken down into three chief categories of residential and non-residential buildings, infrastructures such as highways, bridges and roads and industrial. In general, those who are involved are the owner, contractors, subcontractors and occasionally, the government, depending on what kind of work is involved. In general, areas that tend to be disputed in these areas include the following:
• Disputes over work, plans for work or specifications, usually regarding the interpretation of the work that is to be done
• The scope of work between the contractor and subcontractor, usually due to improper documentation of how the work will be done and specifically the role of the subcontractor
• Substitution of the subcontractor, which usually comes about in public sector construction
• Construction defects such as allegations of breach of contract or negligence
Contact us today regarding your options for pursuing compensation.
What is a Mechanic’s Lien?
A mechanic’s lien is a legal claim against a property that has been remodeled or had improvements done. It is meant to protect the contractor, subcontractor or supplier in the event that the property owner fails to pay them or refuses to pay them for their time and hard work. The mechanic’s lien is generally a legal claim that allows these workers to recover any money owed to them. In a case that involved a public sector project, a subcontractor would have to follow the claim process created by the government in order to recover any money they are owed. It’s important to speak to a lawyer if you are ever in such a situation.
Construction Defect Causes of Action
Construction defects are one of the most frequently litigated areas of construction law. It encompasses negligence, breach of contract, breach of warranty and strict liability. Breach of contract could revolve around a construction job on a home that the homeowner is dissatisfied with and fails to reach the standards he or she and the contractor expected. Breach of warranty is a similar situation, such as a defect arising.
Strict liability means that the contractor was negligent and is held responsible by law. For example, if they performed extensive roof work on a home but the roofing begins to deteriorate and come off, they would be liable for the damage.
Negligence means there was some sort of negligent action performed during the construction. For example, if the contractor had a job to do in a room and there is a hole in the floor or ground that was supposed to be covered but it wasn’t, and someone tripped and fell and became injured, the contractor would be liable.
This overview of construction law is meant to inform you of everything you need to know about this special set of laws. If you need an attorney who is experienced in construction law and reside in the New York City area, get in contact with Jeff Shapiro at your earliest convenience.
We have addressed a vast array of cases and can assist if you or a loved one has suffered due to any of the following:
Falling Debris Accident
Large trucks carry many types of cargo on the highway. There are state and federal regulations that regulate the amount of weight that can be carried on tractor-trailors and big rig trucks. If the cargo is not properly secured, then it can easily fall of the truck. The following can happen if debris falls off of the truck:
Accidents Due To Unsafe Work Practices
All workers should feel safe while they are at work. However, thousands of people are injured or killed each year due to unsafe work practices. In most cases, these accidents can be avoided.
Accidents Due to a Dangerous Job Site
Working in construction is a dangerous line of work. At a construction site, there are so many different people, projects and equipment that there are serious risks for employees. Even though you work hard each and every day, sometimes the people around you don't do their part to make sure that you stay safe.
Accidents Due to Defective Equipment
Construction accidents are more common than many people think and injury can easily occur to both workers or individuals who are passing by a particular construction zone that is not properly cordoned and marked as a dangerous area. Even the failure to post an area as a construction site or a potential safety hazard location could be construed by a court as negligence.
Types of Accidents
There is any number of different accidents that can occur in a construction zone, and the victims are not always limited to those working on the site. Designated construction areas in locations with little space or clearance from adjacent property can be hazardous even when they properly marked and divided.
Scaffolding Accidents
Construction workers are at an increased risk of being injured in an accident at work. This is due to the dangerous nature of the work and the use of equipment that can fail. The following explains how personal injury law may be able to help those hurt in scaffolding accidents on construction sites in New York.
New Building Construction Accidents
If you work in the construction industry, new building construction accidents are likely one of your worst fears. Construction can be a safe career when your supervisors follow regulations and take proper precautions. However, when things go horribly wrong, the results can be tragic.
Building Renovation Accidents
Construction is a dangerous business. Every year, hundreds of construction workers are injured or killed during construction or renovations in the United States. If you sustained injuries in building renovation accidents in New York city, it may be helpful to speak with an attorney for advice.
Construction Accidents FAQ
Your employer is required to provide you with workers compensation insurance. However, it is important to note that there are other parties that may be held responsible for your injuries. This includes equipment manufacturers and property owners. You can still get compensated from those parties.
Construction Site Trench Accidents
Any construction worker will tell you just how dangerous their job is. Stastics show that construction site trench accidents is one of the leading causes of death among construction workers in the United States. Below is an overview of these accidents and how accident victims may be able to obtain compensation for injuries through a personal injury lawsuit.
Construction Site Machinery Accident
Working in the field of construction is challenging and dangerous. While many different things can lead up to an accident on the job, many occur while workers are operating or using machinery. If you have been hurt in a New York construction accident, it may be helpful to consult a personal injury lawyer.
Caught Object Material
There are many construction projects happening in the greater New York City area at any given time. Even if a worker is as careful as they can possibly be, accidents can still happen. There are a number of ways that accidents can occur on a construction site and one of those ways is caught object material.