The Builder Next-Door Damaged My Property: Now What?
Owning a home is a significant investment, and homeowners often take great care to maintain their property. However, unexpected incidents can occur, such as a
August 1, 2023
Kushnick | Pallaci PLLC Attorney At Law
Owning a home is a significant investment, and homeowners often take great care to maintain their property. However, unexpected incidents can occur, such as a
Consequential damages, also known as indirect or special damages, are a type of damages that arise as a result of a breach of contract or
As cities grow and expand, construction projects are a common sight. New buildings, infrastructure, and developments spring up, revitalizing urban landscapes. However, while these projects
When it comes to construction, one crucial aspect that ensures the longevity and safety of a building is its foundation. The foundation, often hidden beneath
The thrill of living in a bustling urban environment often comes with the occasional challenge of nearby construction projects. While development can bring progress and
Introduction Construction projects often involve a multitude of challenges, and one of the most critical yet risky tasks is underpinning. Underpinning refers to the process
Construction sites are bustling hubs of activity, where skilled workers labor tirelessly to create impressive structures that shape our modern world. However, amid the excitement
The construction industry is a vital part of any economy, shaping skylines, infrastructure, and communities. However, it is also an industry known for its complexity
In the fast-paced world of urban development, construction projects often extend beyond the boundaries of a single property, especially in densely populated areas like New
When analyzing whether something is an abnormally dangerous activity, the criteria of Restatement of Torts Second (§ 520) are often looked to, mainly the: “(a) existence of a high degree of risk of some harm to the person,
Labor Law § 240 provides that “all contractors and owners and their agents, except owners of one and two-family dwellings who contract for but do not direct or control the work, in the erection, demolition, repairing, altering, painting,
An exception exists under §§ 240, 241 and 241-a of the N.Y. Labor Law which is provided to an owner of one and two-family dwellings who contract for, but do not direct or control, work. Khela v. Neiger,
As the party with the ultimate responsibility for a construction project, an owner has statutory and common-law obligations to protect workers from accidents that are capable of being anticipated. However, an owner does not have an obligation to
A contractor’s obligations towards construction safety are similar to that of an owner’s, but are more extensive. Not only are contractors obligated to provide safe job sites, they must also provide workers with safe equipment, tools, and safety
In 1969, New York joined a majority of other jurisdictions which hold that one who engages in blasting work will be responsible for any injury to neighboring properties caused by the blasting, regardless of fault. In Spano v.
In New York, a violation of the Scaffold Law occurs where a scaffold is inadequate in and of itself to protect workers against the elevation-related hazards encountered while dismantling that device, and it is the only safety devise
Beginning April 15, 2010, contractors that are performing underpinning or rock blasting as part of earthwork must include the approximate date these activities will commence when notifying the New York City Department of Buildings. All contractors with permits
Why should a contractor care about a subcontractor’s insurance? All general contractors must obtain a commercial general liability policy to protect themselves from claims of bodily injury from their employees or the general public and property damage that
Document the Construction Site Injury It is a good practice to have all witnesses to the construction accident fill out accident reports. Get basic contact information for the witness and have them put a statement in writing. A
Kushnick | Pallaci PLLC Attorney At Law
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Kushnick Pallaci, P.L.L.C., is a construction, business, insurance, labor and employment, and real estate law firm serving communities in New York and the 5 Boroughs, including New York City, Nassau, Suffolk, Brooklyn, Queens, Bronx, Manhattan, Staten Island, Westchester and White plains.
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