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New York Construction Lawyer, New York


Includes: Construction Contracts, Construction Liens, Housing & Construction Defects

Martin H. Scher Lawyer

Martin H. Scher

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Employment, Labor Law, Construction, Affirmative Action, Family Medical Leave Act (FMLA)
We Keep Your Business Moving in the Right Direction

At The Scher Law Firm, LLP, in Carle Place, New York, our attorneys are skilled in the practice of employment, labor, and construction law. We represe... (more)

Joel A. Glaser

Medical Malpractice, Construction, Personal Injury
Status:  In Good Standing           

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Nicholas I. Timko

Construction, Litigation, Medical Malpractice, Personal Injury, Products Liability
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Joseph E. Gorczyca

Construction, Litigation, Premises Liability, Personal Injury, Car Accident
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Daniel T Altman

Commercial Bankruptcy, Commercial Leasing, Commercial Real Estate, Condominiums, Construction Liens
Status:  In Good Standing           

Robert A. Jacobs

Administrative Law, Commercial Leasing, Commercial Real Estate, Construction Contracts, Conveyancing
Status:  In Good Standing           

Joseph L. Ehrlich

Personal Injury, Wrongful Death, Construction
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Sherwood Allen Salvan

Business Organization, Toxic Mold & Tort, Construction, Securities, Corporate
Status:  In Good Standing           

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Felicia S. Ennis

Business Organization, Class Action, Family Law, Labor Law, Construction
Status:  In Good Standing           

Gerald P. Goldsmith

Admiralty & Maritime, Construction, Election & Political, Car Accident, Personal Injury
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LEGAL TERMS

CONTRACT

A legally binding agreement involving two or more people or businesses (called parties) that sets forth what the parties will or will not do. Most contracts tha... (more...)
A legally binding agreement involving two or more people or businesses (called parties) that sets forth what the parties will or will not do. Most contracts that can be carried out within one year can be either oral or written. Major exceptions include contracts involving the ownership of real estate and commercial contracts for goods worth $500 or more, which must be in writing to be enforceable. (See statute of frauds.) A contract is formed when competent parties -- usually adults of sound mind or business entities -- mutually agree to provide each other some benefit (called consideration), such as a promise to pay money in exchange for a promise to deliver specified goods or services or the actual delivery of those goods and services. A contract normally requires one party to make a reasonably detailed offer to do something -- including, typically, the price, time for performance and other essential terms and conditions -- and the other to accept without significant change. For example, if I offer to sell you ten roses for $5 to be delivered next Thursday and you say 'It's a deal,' we've made a valid contract. On the other hand, if one party fails to offer something of benefit to the other, there is no contract. For example, if Maria promises to fix Josh's car, there is no contract unless Josh promises something in return for Maria's services.

INTANGIBLE PROPERTY

Personal property that has no physical existence, such as stocks, bonds, bank notes, trade secrets, patents, copyrights and trademarks. Such 'untouchable' items... (more...)
Personal property that has no physical existence, such as stocks, bonds, bank notes, trade secrets, patents, copyrights and trademarks. Such 'untouchable' items may be represented by a certificate or license that fixes or approximates the value, but others (such as the goodwill or reputation of a business) are not easily valued or embodied in any instrument. Compare tangible property.

DEVISE

An old legal term that is generally used to refer to real estate left to someone under the terms of a will, or to the act of leaving such real estate. In some s... (more...)
An old legal term that is generally used to refer to real estate left to someone under the terms of a will, or to the act of leaving such real estate. In some states, 'devise' now applies to any kind of property left by will, making it identical to the term bequest. Compare legacy.

ELEMENTS (OF A CASE)

The component parts of a legal claim or cause of action. To win a lawsuit, a plaintiff must prove every element of a legal claim. For example, here are the elem... (more...)
The component parts of a legal claim or cause of action. To win a lawsuit, a plaintiff must prove every element of a legal claim. For example, here are the elements of a breach of contract claim: There was a valid contract. The plaintiff performed as specified by the contract. The defendant failed to perform as specified by the contract. The plaintiff suffered an economic loss as a result of the defendant's breach of contract.

INHERITORS

Persons or organizations who receive property from someone who dies.

CO-TENANTS

Two or more tenants who rent the same property under the same lease or rental agreement. Each co-tenant is 100% responsible for carrying out the rental agreemen... (more...)
Two or more tenants who rent the same property under the same lease or rental agreement. Each co-tenant is 100% responsible for carrying out the rental agreement, which includes paying the entire rent if the other tenant skips town and paying for damage caused by the other tenant.

QUASI-COMMUNITY PROPERTY

A form of property owned by a married couple. If a couple moves to a community property state from a non-community property state, property they acquired togeth... (more...)
A form of property owned by a married couple. If a couple moves to a community property state from a non-community property state, property they acquired together in the non-community property state may be considered quasi-community property. Quasi-community property is treated just like community property when one spouse dies or if the couple divorces.

VARIANCE

An exception to a zoning ordinance, usually granted by a local government. For example, if you own an oddly shaped lot that could not accommodate a home in acco... (more...)
An exception to a zoning ordinance, usually granted by a local government. For example, if you own an oddly shaped lot that could not accommodate a home in accordance with your city's setback requirement, you could apply at the appropriate office for a variance allowing you to build closer to a boundary line.

NOVATION

The substitution of a new contract for an old one. A novation may change one of the parties to the contract or the duties that must be performed by the original... (more...)
The substitution of a new contract for an old one. A novation may change one of the parties to the contract or the duties that must be performed by the original parties.

SAMPLE LEGAL CASES

Quattrocchi v. FJ Sciame Construction Corp.

ANTHONY QUATTROCCHI, Respondent, v. FJ SCIAME CONSTRUCTION CORP., Respondent. FJ SCIAME CONSTRUCTION CO., INC., Sued Herein as FJ SCIAME CONSTRUCTION CORP., Third-Party Plaintiff-Respondent, v. COMPLETE CONSTRUCTION ...

CONSTRUCTION BY SINGLETREE, INC. v. Lowe

After the completion of discovery, JC moved for summary judgment dismissing, inter alia, the claims to recover liquidated and compensatory damages for breach of warranty, as set forth in Lowe's second cross claim, arguing that there was no evidence to substantiate Lowe's ...

Lane v. FRATELLO CONSTRUCTION COMPANY

The Supreme Court erred in granting that branch of the defendants' motion which was to dismiss the plaintiffs' Labor Law § 241 (6) causes of action against all of the defendants premised on an alleged violation of 12 NYCRR 23-1.7 (e) (2). 576 Contrary to the defendants' ...