Practice Areas

• Construction Contract Drafting and Review
• Construction Disputes and Delays
• Foundation Work and Neighbor Dispute Resolution
• Mechanic's Liens
• The Building Department, Hearings and Red Tape
• Construction Insurance
• Building Code for Foundations
• Construction Site Photos
• Arbitration and Alternative Dispute Resolution
• Mediation
• Home Improvements
• Bid and Public Contracting
• The New York Construction Industry Fair Play Act

Unlike commercial construction which is generally governed by the theory of: "Caveat Emptor" or let the "buyer beware," the legislature has enacted specific laws and local regulations from state to state, county to county and town to town, that regulate home improvements for the protection of the consumer. Unfortunately, most consumers are completely unaware of these laws which were designed to protect them. The legislature has enacted these laws to protect homeowners from the few "bad apple" contractors in every locality that prey on numerous consumers (usually all at one time) as if they were defenseless prey, until the "bad apples" are caught. Unfortunately, many home owners willingly spend more than half of their net worth on renovating their home while having little or no experience or knowledge about the construction business and without even knowing the existence of these home improvements laws. Since many more "bad apples" are entering the construction field on a daily basis from other industries, due to the lack of employment opportunities in other industries, many homeowners are falling prey to these "bad apples" who generally are not licensed, do not have insurance and do not have sufficient capital, knowledge or ability to finish the job. While these bad apples may represent themselves as being licensed and insured, most home owners do not even know the methods available to verify that the potential contractor that they have chosen is actually licensed and insured. Generally, consumers do not even find out they have hired a "bad apple" until the contractor walks off the job and stops returning phone calls. The homeowner is then forced to start over with a new legitimate contractor. The homeowner is then shocked by the cost quoted by the legitimate contractor who must not only obtain the proper permits (which sometimes requires the added costs of hiring an architect to prepare drawings to be submitted for a permit), but the new contractor must correct the defective work often times done by the bad apple, before finishing the project. Additionally, the legitimate contractor's cost will be higher than the quote from the "bad apple" because a legitimate contractor will have to pay the additional costs associated with the hiring of actual skilled labor and proper general liability and worker's compensation insurance. Many consumers do not even realize that the "bad apple's" quote is so low because the "bad apple" failed to inform the consumer that they need to apply for a permit before starting the work. Unfortunately, the consumer does not find out until they have to appear in Court or before the Environmental Control Board to face charges of allowing work to take place in their home without a proper permit. The "bad apple" then exposes the home owner to civil and criminal penalties and a few Court appearances for working without a permit. Sometimes, if the home improvement includes an addition of living space, the homeowner will be forced to rip down a portion of the completed work to allow the proper electrical and plumbing inspections to take place before a Certificate of Occupancy is issued by the local municipality. This, of course, will add further delays and costs to the project.