Construction

/Construction
Construction 2017-11-17T22:20:18+00:00

When it comes to construction law, experience matters

  • Construction Litigation

  • Construction Arbitration

  • Small Claims Court

  • Commercial Leasing

  • Residential Leasing

Your go-to construction attorney

You can trust Kaminetzky Law & Mediation, P.C. with all of your construction legal needs. Ms. Kaminetzky has worked for the New York City Department of Consumer Affairs negotiating settlements between contractors and consumers, and has years of experience litigating construction agreements. Whether you’re a contractor or a consumer, she will keep you informed about relevant law regarding licenses, permits, construction and even small claims court. To learn more about how the firm can address your specific needs, see the frequently asked questions below or schedule a consultation to discuss your individual case in greater detail.

Construction / Land Use FAQs

For Contractors

A. Yes, in fact you usually need a license from the Department of Consumer Affairs in your locale and they may require your contract to contain certain provisions or you will be subject to a fine. An attorney familiar with those provisions will be able to draft you a contract that meets your needs and will save you money in the long run whether it's a minor home improvement, complete renovation or a newly constructed home.

A. You can file a Mechanics Lien. Mechanic's liens are an enforceable security interest on a property that has been improved by a contractor. A Mechanic's lien puts other people are on notice that if they purchase the property they purchase subject to the lien. An attorney familiar with the intricacies of Mechanic's lien law will be able to draft, file and serve this for you and maintain a record so that your lien does not expire.

A. Have an attorney review the contract, if it has an arbitration provision in it, the homeowner would be obligated to pursue arbitration instead. Arbitration is usually faster, the rules are different and it can be less costly than court.

A. While you can appear without an attorney, I would not advise it. Some of the Departments of Consumer Affairs are quite powerful. For instance, if you are unlicensed they may have the power to levy fines against you for each day you worked without a license, seize your equipment and even your vehicle.

A. If you have a license in another location you can use that experience, or if you have been working as an apprentice with a licensed contractor you can ask that contractor to write you a letter of recommendation.

For Consumers

A. In New York a newly constructed home falls under Section 777 of the General Obligations Law which gives an implied warranty which is still good after you have closed on the house. The builder may exclude or modify this implied warranty by clear and conspicuous terms in the contract only if the buyer is offered a limited warranty. A careful reading of the contract by an attorney may be necessary to determine what falls under the warranty and for how long.

A. If the home improvement, construction or renovation meets the local building code, you may be able to apply for a permit for the work and get it with an architect's plan. If the home improvement, construction or renovation needs a variance you would benefit from having an attorney appear on your behalf in front of the local zoning board.

A. You can apply to the zoning board of your locale to have the bushes meet the standard for the locale. An attorney will be able to assist you in determining which zoning board you need to apply to and what the rules are.

Read more detailed descriptions on our blog:

Alternative Dispute Resolution – Mediation and Arbitration

By | December 11th, 2015|Categories: Construction, Divorce Law, Estate Planning, Mediation|

Mediation is in the news a lot lately, especially for divorce, as a more peaceful way to end a relationship. Mediation, however, is not just about ending relationships but part of a growing area of [...]