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Home > Blog > Real Estate > Construction and Zoning Disputes

Construction and Zoning Disputes

The desire to build your own home or business is part of the American dream. The idea of building something that is custom to your needs and being able to oversee the whole process is something people often dream about for years before finally being able to make their dream a reality. Financing the cost of building a property takes a lot of capital and is a hefty investment of your time as well as your money. Most builders have an established timetable, which is often crucial in order to meet their obligations and enable them to see the project through to fruition. When construction and zoning disputes come up, they can slow your progress down to a complete halt. While these types of disputes may be common, they still cause a lot of headaches and stress for builders. If you’re contemplating a building project, or in the midst of a current or ongoing project, it’s important to be aware of common disputes that may arise.

Construction Disputes

Any type of construction project – regardless of the size – involves careful orchestration of personnel, tools, materials, and time. You’ve got independent contractors, utility people, product suppliers, inspectors and code enforcement officers all working independently, yet often dependent on each other’s work in order to get the job done. When delays or disputes arise, they can quickly get blown out of proportion, and end up being expensive for everyone involved. Common construction disputes include:

  • Disputes over contracts regarding particular projects;
  • Issues related to insurance coverage;
  • Design defects and disagreements over engineering;
  • Construction defects and problems with suppliers; and
  • Disputes over timing of projects and delays in building.

In order to prevent construction disputes and their associated costs, the American Bar Association recommends several steps to take. These include having an accurate assessment of risk, detailing the project scope to contractors, creating common project goals, and having contract clauses providing a flexible framework for dispute resolution.

Zoning and Land Use Disputes

Zoning regulations and restrictions control and direct land use and development within communities, and classify land use into districts. New York zoning resolutions are amended frequently, and problems due to zoning amendments and enforcement are common. Disputes can occur between fellow landowners, or between a property developer and the city. Common types of zoning disputes include:

  • Issues with building heights and permits;
  • ‘Setback’ and issues related to property lines;
  • Disputes over land use; and
  • Problems with easements.

Zoning disputes often end up as complicated matters, requiring legal representation in filing paperwork disputing claims and requiring appearances before local zoning appeals boards. One way to prevent these disputes is by making sure you have a thorough understanding of all zoning ordinances before you begin building.

Contact Our Experienced Real Estate Attorneys

When you’re building a home or a business, it’s important to be aware of the potential impacts of zoning regulations and the potential for construction disputes. At Cavallo & Cavallo, our experienced New York real estate attorneys can help you avoid snags that cost you time and money, and potentially prevent you from finishing your project. With offices in the Bronx and Westchester, we are prepared to provide effective legal service in handling all your real estate needs.

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