Home improvement projects—also known as home repairs, renovations, or remodeling—range from small painting projects to complete reconstruction of rooms or of an entire home.
Home improvement projects can present a number of potential legal issues, including financing and loans (home equity line of credit or HELOC, for example); the construction contract for the work (materials and labor); surveys and lot lines; mechanic’s liens; waivers or releases of mechanic’s liens; insurance against damage or loss (builder’s risk) to the home or materials; and worker’s compensation insurance to insure against personal injuries sustained by a contractor or subcontractor.
In New York, home improvement projects are regulated to protect homeowners and ensure that contractors conduct business ethically and legally. Financing such projects often involves a home equity line of credit (HELOC), which is a loan where the borrower uses the equity of their home as collateral. The construction contract is a critical document that outlines the scope of work, materials, labor, costs, and timelines. It's important for homeowners to understand the contract thoroughly before signing. Surveys and lot lines may need to be reviewed to ensure compliance with local zoning laws and regulations. Mechanic’s liens are a legal claim against a property by a contractor or subcontractor who has not been paid for work performed. In New York, the lien must be filed within eight months (for a single-family dwelling) or four months (for other types of buildings) after the completion of the work. Waivers or releases of mechanic’s liens can be obtained once payment has been made. Insurance, such as builder’s risk insurance, is advisable to cover damage or loss to the home or materials during the project. Additionally, worker’s compensation insurance is mandatory in New York to cover personal injuries sustained by contractors or subcontractors while on the job. Homeowners should verify that the contractor has this insurance to avoid potential liability. It is recommended that homeowners consult with an attorney to navigate these legal aspects of home improvement projects.