As a construction worker, your physical health and legal safety are critical to your well-being and that of your loved ones. Construction law requires construction companies to follow Occupational Safety and Health Administration (OSHA) safety standards and regulations in order to keep their workers safe in the workplace. Knowing and adhering to these regulations is the only way to stay safe as a construction company or worker.
According to New York State Labor Laws 196, 200, 240, and 241, property owners or contractors are liable for accidents that occur under their supervision. These federal laws protect all construction workers, including non-union and off-the-books workers. These laws address the minimum number of worker safety training hours and training standards, the liability of construction site contractors or property owners; and guidelines for how construction, demolition, and excavation should be done on a worksite to protect workers.
As a construction worker, you must hire an experienced construction lawyer who is familiar with local construction law to assist you with early work contracts, injury claims, and other paperwork involved in the construction process. Hiring qualified construction lawyers as a construction company allows you to navigate legal claims in the construction industry for the smooth running of your construction projects.
Gregory Spector & Associates has extensive experience and knowledge in New York State property law, construction law, and labor law. This post will go over how construction lawyers work.
Project planning and approvals
Project planning is critical in a construction project. Hiring the proper legal representation ensures that your construction project does not run into legal roadblocks along the way.
Construction lawyers have the people-skill experience needed to facilitate negotiations with government representatives, suppliers, property owners, consultants, and other parties involved in the construction chain. Whether you are looking for plan approvals, contract approvals, contract drafting, certification of construction proposals and loan documents, or contract negotiations, a construction attorney will help you meet all your contractual obligations.
Workers Compensation
Construction workers are responsible for ensuring that a construction project is completed according to specifications and on time. They are the ones who do the majority of the construction work and are on the front lines of physical danger. It is critical to adhere to the safety standards established by the federal and local governments. This includes the 10-hour minimum employee safety training.
A construction lawyer advises the building contractor or property owner on best practices for ensuring worker safety and compliance with legal and safety standards. Attorneys also assist construction workers in understanding their rights and responsibilities on the job. Workers are required to follow project owners’ safety standards, safety training schedules, and workplace arrangements in order to maintain workplace safety.
Even the most meticulously planned safety measures, however, can fail. Construction lawyers will anticipate legal pitfalls and plan to mitigate the consequences of construction accidents before they occur. A skilled legal team is critical in ensuring that accidents and torts are handled properly so that the project can continue.
Occupational health and safety
As a construction worker, the federal and N.Y. state laws put emphasis on your health and safety at the construction site. Employers, contractors, and project owners must adhere to standards and regulations that ensure workers’ safety.
Congress created the Occupational Safety and Health Administration (OSHA) department upon enacting the 1970 Occupational Safety and Health Act (1970) to ensure that workers’ safety standards and regulations are adhered to across all states and territories under the federal government. The OSHA mandate covers most private sector employees and workers and some public sector employees and workers in all jurisdictions. These include all workers and employees working on a construction contract.
New York’s State Labor Laws also protect construction workers within the state. These state laws require project owners and managers to observe the workers’ safety training schedules, ensure a safe working environment, provide and enforce proper use of safety equipment, including personal protective equipment, and detail the process and procedures of construction, demolition, and excavation.
It is the responsibility of the construction attorney to ensure regulatory compliance with workers’ safety standards during the construction process. It is also the role of the attorney to represent workers or employers in construction litigation. Construction attorneys also notify their clients of injury claims by their workers and help workers negotiate fair settlements in the event of accidents.
Torts
Torts are violations in which one person causes personal injury, property damage, or harm to another. The person who causes harm to another (a tortfeasor) must compensate the plaintiff. The first action in a tort violation is to compensate the victim for their losses, and the second is to prevent the tortfeasor from repeating similar actions in the future.
Torts may fall under any of the following;
- Strict liability: This involves injuries caused by hazardous materials or any other material already dangerous to handle.
- Unintentional liability: This involves injuries caused by negligence, like slipping and falling; the tortfeasor had no intention of causing the damage, yet it occurred because of their neglect.
- Intentional liability: This involves injuries caused intentionally by the tortfeasor. They may include a civil battery.
Torts are any wrongful acts, excluding breach of contract, that cause harm to another person, their property, or reputation, and can be settled in a court of law, according to New York State Law. Any injuries that do not involve a breach of contract and can be remedied in a court of law qualify as torts on a construction site.
Tort reforms in New York State have recently limited corporate liability for injuries caused to residents of the state. It is critical to hire an experienced lawyer to assist you in successfully claiming compensation for tort damages sustained during construction projects.
Dispute resolution
Disputes are common in any workplace, including the construction industry. Construction contracts are interpreted differently by different people, which leads to contract disputes. Other types of construction disputes include regulatory compliance, payment disputes, project delays, unauthorized plan changes, labor distribution, lost wages, expenses incurred in the line of duty, and contract errors. When these disputes arise, construction attorneys assist their clients in resolving them in accordance with the law.
Because unresolved disputes can cause significant losses to the property owner or contractor, it takes skilled lawyers who negotiate swift dispute resolution on their client’s behalf. Construction lawyers use alternative dispute resolution methods to keep construction-related disputes out of court. When a dispute escalates into litigation, however, only experienced construction lawyers can prevail.
Injuries sustained during construction projects
On construction sites, accidents are common. Some are the result of negligence, while others are unintentional. According to the Bureau of Labor Statistics, construction site accidents cause approximately 150, 000 injuries each year. Construction sites can be dangerous places to work because they require workers to climb to high places, operate heavy machinery, and handle hazardous materials.
Some of the most common injuries are caused by the following:
- Falls: Falls, particularly from high places, are extremely common and dangerous. Falling construction workers frequently suffer bone fractures and, in the worst-case scenario, death. When working at heights, it is critical to use safety precautions such as strapping. Construction attorneys will investigate the accident and advise you on the best way to seek compensation.
- Electrocution: Another common injury that occurs on construction sites is electrocution. When electric wires are not properly insulated, everyone on the job site is at risk of electrocution. Electrocution can cause severe burns to a worker, consultant, or contractor.
- Entrapment: This happens when a worker’s entire body or a portion of their body becomes trapped between two objects or machinery. Some construction workers become trapped inside a collapsed building. This is a dangerous situation because it can result in serious limb and spine injuries. When it comes to tort liability for entrapment-related injuries, negligence and poor performance are frequently the main culprits. Workers who operate equipment without proper knowledge, attention, or precaution are examples of this. Entrapment can also occur as a result of failing to follow construction or demolition regulations.
- Poisoning: Construction workers who work in close proximity to or with hazardous materials are at risk of poisoning. Poisoning from lead and pesticides is common on construction sites. Poisoning can result in instant death or permanent injury.
- Collision with objects: Objects on construction sites are loosely attached and can easily fall off or be propelled by machinery. Depending on the object’s striking force, being struck by an object can be painful.
Construction workers and anyone else who enters a construction site must wear protective gear, particularly a construction helmet, to protect their heads from falling objects. When working on a site that has undergone preventative termite or pest control, or when handling other hazardous materials, masks are essential. Gregory Spector & Associates, P.C. in New York can assist you in preventing construction accidents.
Property transactions
The real estate laws in New York are among the most stringent in the country. To sell a home in New York, for example, you’ll need a real estate agent and an attorney. The role of the real estate agent is to provide advice on how to find the right buyer, marketing, and competition. They are in charge of ensuring that your property generates a good return on investment.
The role of an attorney is to prepare all of the documentation and contracts required to complete the transaction. Before closing the transaction, they go over the title deeds to see if there are any issues with the property. Before signing the contracts, an attorney must prepare a transfer deed and other closing documents. In addition, an attorney will compute the remaining balance on the property transaction. In most cases, it is impossible to complete a real estate transaction in New York without the assistance of an attorney. However, you will need the assistance of an experienced lawyer to draft a legally binding contract.
Insurance claims
Construction lawyers are critical in advising clients on the best insurance policy to purchase for their projects. Contractors and project owners must insure their employees. A construction lawyer will advise on the best policy to protect workers and the project from liability. They also advise employees on insurance claim responsibilities and benefits, as well as notify them of claim deadlines.
To successfully claim insurance benefits from construction insurance companies, it is a good idea to hire a qualified construction lawyer.
Project documentation
Both the federal and state governments require documentation. Proper documentation allows for easy tracking and reporting of all aspects of a construction project, such as workers, suppliers, approvals, and so on.
Work schedules, employment contracts, payment records, supply contracts, construction plans and procedures, safety standards documentation, and construction checklists are among the documents required on construction sites.
Construction lawyers are well-versed in the necessary documentation and formats. It is critical to keep construction documents up to date and safe from damage or misplacement. Documentation can be used for conflict resolution, inspections, safety training, and even as evidence in a legal proceeding.
How to get the best construction lawyers in Queens, NY
When hiring a lawyer in Queens, NY, you must consider key competencies. It is critical to hire a construction lawyer who is well-versed in construction law, enthusiastic about your project, and skilled in communication and interpersonal relations.
Your construction attorney is heavily responsible for the timely completion of your project, the safety of your workers, and compliance.
Here are some other considerations you should take into account;
Licensing
A good construction lawyer is well-versed in construction law, contract law, and related fields. Knowledge and understanding are required to deal with and advise trade contractors, construction workers, suppliers, consultants, and other parties in the construction contracting chain.
Accreditation and licensing are also important, as a good construction lawyer should be qualified to represent you in any disputes or claims within the state. Before hiring a lawyer, check to see if they have a current license.
Professionalism
Professionalism is required in the legal profession. When handling your case and project, professional construction attorneys must demonstrate excellent communication skills, ethical standards, and proper time management skills. Any shortcuts in the construction industry can be disastrous, resulting in building collapse, property loss due to fraud, and serious accidents.
When first considering an attorney, pique their interest in your project and observe them to see if they are friendly and value two-way communication.
Versatility
The right construction lawyer should be vastly knowledgeable in a wide range of laws. They should be ready and willing to explore your construction project case from multiple angles and give a wide range of advice, from government contracting to contract services. A construction lawyer should also be up to date with construction law, have contract entry training, and be on top of construction disputes.
Availability
It is critical to select a construction attorney who will be available for counseling duties at all times. Construction attorneys must anticipate potential legal battles and mitigate them before they occur. Their physical presence in your construction project is critical to the project workers’ safety and security. It is best to hire an attorney who practices in your area and is available during emergencies. Gregory Spector & Associates P.C. is available in Queens and Nassau County for all emergencies.
Ratings and reviews
If other people are praising a construction lawyer, chances are they are excellent. When looking for a construction lawyer, consider what current and previous clients have to say about their services. Lawyers with good reputations and ratings earned them through practice and experience. Your building project necessitates the services of an experienced legal representative whose work speaks for itself. Don’t be afraid to read the Google reviews.
Legal fee
Know in advance how much a construction lawyer will charge you, or their legal fees will eat into your project budget. It is critical to have a lawyer who is flexible in terms of legal fee payment. Affordability is also important when hiring a legal representative, especially in the broad and volatile construction industry. Even though construction lawyers charge by the hour, it is possible to estimate the total fees before hiring them.
Partner With Gregory Spector & Associates, P.C. In Queens, NY, for Legal Services
Several lawyers may be required to handle various issues in a construction project. It is possible that one lawyer will not be able to handle all legal issues that arise during the construction process. If you are planning a construction project in New York, Gregory Spector & Associates, P.C. in Queens, NY is an excellent choice. Our lawyers are experts in a variety of fields. We have a proven track record in a variety of areas, including construction accidents, work-related injuries, slip and fall accidents, and premises liability.
Do not wait for an accident to occur. Please contact us at 1 (888) 797-7735 to ensure that your construction project is not a death trap.
