Jodi Neilson asks attorney Craig A. Fine about the conversations Brooklyn property owners can have before renovation work begins, from the scope of work to neighboring properties and project records.
Reading this conversation: The discussion describes planning practices to explore with the project team. Permit, insurance and access requirements depend on the work and property. A written change order does not eliminate every dispute or lien risk.
Five questions for Craig A. Fine
Jodi Neilson: Craig, which responsibilities should an owner clarify before choosing a contractor or committing to a scope of work?
Craig A. Fine: An owner must clarify who pulls permits, handles architectural filings, secures insurance certificates naming the owner as additional insured, and absorbs the financial risk of unforeseen structural defects discovered behind walls.
Jodi Neilson: When a project may affect a neighboring property, what should the owner discuss with counsel and the design team?
Craig A. Fine: In densely built urban environments like Brooklyn, construction frequently impacts party walls, shared foundations, and neighboring driveways. When the work requires access, the owner should discuss an access agreement with counsel and the project team, along with pre-construction condition surveys and appropriate liability and builder’s risk insurance.
Jodi Neilson: How should the parties handle a change in scope or price after work begins?
Craig A. Fine: I want changes in scope, price and timing documented in a written change order before the additional work proceeds. A job-site conversation can leave the parties with different expectations. The contract and circumstances determine the applicable requirements and remedies.
Jodi Neilson: What documentation becomes useful when each side remembers a conversation differently?
Craig A. Fine: Dated site logs, progress photographs, written change orders, email confirmations of on-site discussions, and payment receipts tied to specific work completion milestones provide an objective paper trail.
Jodi Neilson: If a disagreement develops, what should the owner preserve and what should the owner avoid assuming?
Craig A. Fine: Preserve all communications, invoices, notices, and physical evidence of defective work. Never assume that withholding final payment unilaterally without following contract dispute clauses is legally safe; improper withholding can trigger breach claims or liens against the property.
Continue the conversation
Explore Craig A. Fine on Brooklyn renovation planning. For primary-source background, see NYC HPD: Project Planning and Neighbor Access.
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This interview provides general information, not legal advice, and does not create an attorney-client relationship. Laws and circumstances vary. Consult your attorney about your specific situation.
