Construction Law Newsletter
LICENSING REQUIREMENTS
As a general rule, contractors, architects, and engineers must be licensed in order to engage in the erection of a new structure or in the repair, remodeling, or alteration of an existing structure. If a state requires a contractor, an architect, or an engineer to be licensed, the contractor, the architect, or the engineer will be subject to civil and criminal penalties for designing or for performing construction work without a license. read newsletter .:
Historic Preservation – Federal Enactments
The American Antiquities Act of 1906 was the first major step in a mission to preserve America’s cultural heritage. In the Historic Sites Act of 1935, Congress declared it a national policy to preserve the historic sites, buildings, and objects that hold special significance to the American people. read newsletter .:
WHO IS ENTITLED TO A MECHANICS’ LIEN?
Most states confer the right to a mechanics’ lien on any person who performs certain work or who provides materials for their work on an owner’s property. Although some states limit the right to a mechanics’ lien to certain types of persons, those persons normally include general contractors, subcontractors, and suppliers. read newsletter .:
Regulatory Takings
A regulatory taking exists when a government regulation is so burdensome and restrictive as to what an owner may do with his property that the government has essentially “taken” the property. Restrictions on land use are prominent when the property is a historic structure. Aggrieved landowners may seek compensation for the taking from the government. read newsletter .:
Patents and the Construction Industry
A patent grants its owner the right to make, use, and sell the patented invention to the exclusion of others. In the construction industry, both utility patents and design patents can mean substantial profits to the builders or contractors who hold them. read newsletter .:
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Mikel J. Hoffman, Attorney At Law
193 E. Main Street
Babylon, NY 11702
Phone: (631) 661-2121
Fax: (631) 661-8854
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With Offices in Babylon Village, NY, we serve Suffolk and Nassau Counties on Long Island, including Amityville, Bay Shore, Huntington, West Islip, Lindenhurst, and Wyandanch.