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New York Construction Law Questions & Answers
2 Answers | Asked in Employment Law, Immigration Law and Construction Law for New York on
Q: Waivering of tests for experienced foreign engineers.

I am a civil engineer with 23 years of experience outside USA . Certificates accredited by WES.

I am here on a valid tourist visa . Can I apply for waivering of tests and get a work permit inside USA ?

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 16, 2023

As an experienced civil engineer with 23 years of experience outside the USA, you may be eligible for certain waivers or exemptions from tests or requirements when applying for a work permit in the United States. However, it is important to note that the specific rules and regulations surrounding... View More

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1 Answer | Asked in Consumer Law, Construction Law and Contracts for New York on
Q: I signed a contract and paid a deposit with a contractor to replace the deck on my house.

The contractor did not perform any work and the completion date has since passed. The contractor is not returning my calls, text messages or email. It appears I have been scammed, how can I get my deposit back?

Daniel Michael Luisi
Daniel Michael Luisi
answered on Dec 11, 2022

You need counsel to investigate the contractor, to determine if he has any assets and where he keeps them, whether he is properly licensed, insured and bonded, etc. After investigation of his profile your attorney will develop and execute a collection strategy to recover your funds, if that seems... View More

1 Answer | Asked in Employment Law, Business Law and Construction Law for New York on
Q: Hello and thank-you for this service... I have a question about employment law... Does employer's liability insurance.

Hello and thank-you for this service... I have a question about employment law... Does employer's liability insurance cover injuries or incidents that might occur when employee's arrive at work before or after their scheduled work hours? I'm asking because there's a few... View More

Tim Akpinar
Tim Akpinar
answered on Dec 2, 2022

This is something you may want to sit down and discuss with your insurance broker. In terms of employer's coverage, if you mean insurance for workplace accidents, that would be your workers' comp policy. That covers injuries arising in the course of employment. You may also have a policy... View More

1 Answer | Asked in Construction Law for New York on
Q: Mechanic's Lien filed against my home - months after legally stipulated deadline (four months for single-family dwelling

We demanded itemization and notified them they'd filed a false instrument (they lied on the lien as to last date of labor/materials delivered - 4-5 months past deadline). It's a long story regarding the actual job and payments made, but the point is they had no legal grounds to file a... View More

Jack Mevorach
Jack Mevorach
answered on Jun 5, 2024

What is the amount of the lien?

Jack

1 Answer | Asked in Consumer Law, Contracts and Construction Law for New York on
Q: We 2years back got new furnace and removed cental air. Couple months ago electriction found a 220 line live exposed.

Line was from central air that was removed.. Has since been capped.

Can action be taken against installer?

Marco Caviglia
Marco Caviglia
answered on Jan 10, 2024

Request the repair cost from the original installer. If you never contacted him to fix it after discovery, that will be his first defense, but not necessarily successful. If he refuses, take him to small claims court. You will need the repairing electrician as a live witness.

2 Answers | Asked in Contracts, Consumer Law, Collections and Construction Law for New York on
Q: Contract to replace roof shingles - 1st - roofer used shingle brand OTHER than those contracted for - 2nd - did horrible

work that manufacturer wouldn't warrantee as it was when completed. Homeowner has paid hauling fee and is agreeable to paying something for materials. Does NOT want same sub-contractor to do repairs and original contractor will not do any more and has sent a release/settlement agreement.... View More

Joel Gary Selik
Joel Gary Selik
answered on Oct 23, 2023

Yes the lien can be placed. And you have a lawsuit against the others.

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2 Answers | Asked in Construction Law and Personal Injury for New York on
Q: Personal Injury Defense Changes Law Firm A Third Time In 4 Years

They Created Damage...Insurance Company accepted Liability Years Ago

Defendant caused several types of damages, causing health concerns

Tim Akpinar
Tim Akpinar
answered on Jul 16, 2023

It's generally permissible for an insurance carrier to switch defense firms, as long as evidence and other important information is not lost in the process. The file can generally be transferred from one firm to another for handling. Good luck

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1 Answer | Asked in Land Use & Zoning, Public Benefits and Construction Law for New York on
Q: Am I required to have a permit to block public parking space(s) in a private community in the state of NJ?
Tim Akpinar
Tim Akpinar
answered on Jun 20, 2023

You may have better chances of a response by reposting this in New Jersey, since the question asks about a parking setting there. Good luck

1 Answer | Asked in Consumer Law and Construction Law for New York on
Q: I hired a contractor to add and renovate my home. The contractor did not provide me with what I asked ie, black windows

The contractor did not do the home improvements according to my architects plans

Michael David Siegel
Michael David Siegel
answered on Nov 8, 2022

You can sue. The contract terms will govern.

1 Answer | Asked in Construction Law and Land Use & Zoning for New York on
Q: Hello. I live in a road that has a shared egress. What is a common road agreement for a shared road? How is it split?

There are 3 owners that live on the adjacent property. One is a farm with 28 acres, 9 homes and businesses. One is a restaurant with 2 acres. I own 1.9 acres and have 2 homes on my property. The farm with 9 homes and businesses has the most land and travels the whole length of the shared road. They... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 17, 2022

The type of easement described here is a roadway easement for ingress and egress to another parcel of property. In this case, ingress refers to having the right to enter a property, while egress refers to the right to exit a property. An example of this type of easement is a shared roadway through... View More

1 Answer | Asked in Contracts, Real Estate Law, Construction Law and Landlord - Tenant for New York on
Q: we rented/own property from a shady dealer who promised that we'd have foundation (there isn't). can we sue or get help?

my mother who rented from our old landlord was promised that the three houses (trailers) would have foundation under all of them. when the ink was placed and the money spent we were stuck with 3 trailers that had no foundation, were not up to code, and now are slowly destroying themselves because... View More

Elaine Shay
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Elaine Shay
answered on Mar 17, 2022

In order to determine whether you have a potential cause of action against the seller, the contract that was signed will need to be reviewed. I suggest scheduling a consultation with a local attorney to have the contract and the facts of your situation properly reviewed so that you can receive the... View More

1 Answer | Asked in Communications Law, Construction Law, Education Law and Energy, Oil and Gas for New York on
Q: can you help me sue my dead grandma

they dead

Tim Akpinar
Tim Akpinar
answered on Jan 6, 2022

If this involves something with an estate or will, you might have better chances of a reply in the Probate or Estate Planning categories under New York. But in either case, it would be difficult for attorneys here to reach out to you to help with a lawsuit - this forum does not work like an... View More

1 Answer | Asked in Construction Law for New York on
Q: I work for a construction company that Reconditioning them. I am now being now I need vaginated for covid? Is that true
Tim Akpinar
Tim Akpinar
answered on Nov 14, 2021

Your question remains open for almost a week. The reason could be that workplace vaccination protocols are something that employment law attorneys deal with more than construction law attorneys do (the category chosen for the question). One option is to repost your question and add "Employment... View More

1 Answer | Asked in Real Estate Law and Construction Law for New York on
Q: I asked a question regarding legal living space before but I think I left put some details

I am closing in the sale of my home. I work at the town office in the assessing department and so I am familiar with glitches that can happen with open permits etc. I am selling a Victorian home built in 1890 which has an unheated attic with sheetrocked walls and newer windows. The attic was this... View More

Michael David Siegel
Michael David Siegel
answered on Oct 27, 2021

I have not seen your contract or listing. There is likely nothing wrong with an attic with no windows if it is not a living space. If the contract or listing represented that it was a living space, that is your problem. It is not the house that is in violation. It is the way you are using it... View More

1 Answer | Asked in Real Estate Law and Construction Law for New York on
Q: I am looking for case law on disputes between homeowners and building departments in NY

My attic has sheet rock but is unheated. my town building department is calling it a "violation" because it has no "egress window" we are at the zero hour of closing the sale of the house and are being held up by this violation. I have been told unheated space cannot be called... View More

Michael David Siegel
Michael David Siegel
answered on Oct 27, 2021

Unheated space cannot be living space. The issue is the fault of your lawyer when you bought the house, your broker who listed it now as a "living space", and your lawyer who allowed this issue to fester until closing. While it is sometimes reasonable to overlook these issues at a... View More

1 Answer | Asked in Construction Law and Contracts for New York on
Q: Is a hand written contract to terminate another contract legally binding?

I had a contract with a home builder to build a house but things went bad. I asked to walk away and the builder agreed to terminate the contract in exchange for some money which I paid. We didn’t use a attorney but wrote up a simple agreement and signed it. Am I clear of the builder’s contract now?

Michael David Siegel
Michael David Siegel
answered on Sep 13, 2021

Depends on what you signed. The concept that a handwritten amendment can modify a preprinted form is true.

1 Answer | Asked in Civil Litigation and Construction Law for New York on
Q: Can I take a contractor to court to recover damages that were made even though the contract states they are not ?

I had concrete work done. There was plenty of clearance to the area. They went around an area not even in the scope of the job with heavy equipment. They never did anything to protect that area until the next day when they laid boards down. This ended up costing me more money for dirt and grass... View More

Michael David Siegel
Michael David Siegel
answered on May 25, 2021

Sure, if you have the proof from an estimate from someone else to fix the damages.

1 Answer | Asked in Civil Litigation, Construction Law and Contracts for New York on
Q: I need advice on pursuing a breach of contract by a modular home contractor.

In August 2018 I signed a contract for production of a modular home. The contractor required 10% down to obtain the design and guarantee cost of home. Over the past 3 years we have dealt with multiple issue. I have come to find out that the delays were mostly lies on the part of the contractor.... View More

Mathew Paulose Jr.
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Mathew Paulose Jr.
answered on May 19, 2021

Greetings. It appears you are unhappy with the progress of your modular home construction. In New York, disputes between modular home vendors and buyers are governed by their written agreement. The agreement will have provisions concerning performance, time, and, often, disputes, which may have... View More

1 Answer | Asked in Construction Law, Civil Litigation and Land Use & Zoning for New York on
Q: NYS recently passed a law superceding a local law. The local law has provisions inconsistent with the NY law, but parts

are more restrictive. Will the local law have to be rewritten and can all the extra restrictions be added right back in?

Tim Akpinar
Tim Akpinar
answered on Aug 18, 2020

As a general rule, state laws generally supersede local laws. There are settings where local laws are sometimes stricter than state or federal laws. In terms of local laws being rewritten, that could be up to city officials, based on peoples' feedback. It would be best to consult with an... View More

1 Answer | Asked in Consumer Law and Construction Law for New York on
Q: WHAT IS THE RULING ON DEFAULT AND THE CASE GOES BACK TO THE ORIGINAL COMPLAINT AND HOW DOES THE COURT ASSES THE DAMAGES

The defendants committed fraud and were a LLC when they defaulted by failing to provide discovery and did not show up for the trial the judge told us it would go back to the original complaint where each defendant and company was liable. The judge wanted a notarized assessment . During that time... View More

Michael David Siegel
Michael David Siegel
answered on May 24, 2020

It is unclear to me what happened to you and what you want to happen now. To answer your direct question, a plaintiff must prove damages even if a case is uncontested. The proofs are uncontested but must exist and be cognizable under the law.

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