Construction litigation in New York is often risky and almost always complex. On a large commercial construction project there are typically many parties involved, including developers, landowners, architects, contractors, subcontractors and insurance companies. When a defect is discovered, determining who was at fault and who is legally responsible can involve tangled factual and legal issues.
Land is expensive in New York City, and any construction project represents a major investment. When something goes wrong, there is a risk of significant financial loss. Among the many things that can go wrong in a major construction project is the discovery of construction defects.
People in New York undertake structural projects every day. Whether it's a commercial project -- like a skyscraper or retail center -- or a person's home, the utmost care must be taken in constructing the property. With the help of building code regulations and other construction standards, builders can ensure that the property will be safe and have a table for years to come.
Mechanics' and materialmens' liens are powerful tools available to contractors, subcontractors and material suppliers to ensure they are paid for work or materials they have provided on a construction project. For developers and building owners, it is extremely important to make sure they receive lien waivers from all contractors and suppliers at the time they make final payment on the project.
A legal battle over views of the Brooklyn Bridge has ended in a victory for commercial development over the opposition of local residents. Commercial developers Toll Brothers and Starwood Capital Group can now complete construction of the Pierhouse development, a hotel and condominium project in Brooklyn Bridge Park. Local residents had argued that a deal reached between developers and Brooklyn Bridge Park Corporation in 2005 was supposed to protect views of the iconic bridge from the park.
New York is experiencing a housing boom, fueled in part by rising property values and Mayor de Blasio's drive for more housing construction. But there is evidence that as more buildings are going up, some construction companies and developers may be taking shortcuts that result in serious construction defects. According to a recent news story engineers, architects and attorneys say they have seen an increase in calls about shoddy construction problems on new buildings.
When owners of co-op apartments or condos in New York City want to renovate or remodel their units, significant legal issues can arise. The bylaws of the condo association or the co-op corporation must be consulted, as well as local building codes and city and state laws.
Condominiums have long been a popular form of housing in New York City. A new surge in condo development and construction will put twice as many units on the market in 2015 as in 2014. It is predicted to be the greatest number of new condo units opening for sale in the city since 2007.
Litigation is a risk that comes with the territory on big real estate developments. The L Lofts condominium project in Brooklyn is no exception. The developers have recently been hit with a lawsuit alleging the developers failed to remedy a number of construction defects in the property.
In New York City, most construction disputes between co-op boards and co-op shareholders involve conflicts over upkeep, repairs, damage or building maintenance. In many cases, the house rules or by-laws address these issues only in a general way, and that can lead to different interpretations of what is permissible on the property.