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Category Archives: Construction Contracts

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Supply Contract Warranties

Posted on May 9, 2012 by admin

Much like the warranties expressed and implied in contracts to perform work, the terms of a supply contract bind materialmen to perform to a certain degree of quality.  Pursuant to the Uniform Commercial Code, which governs the sale of all … Continue reading →

Posted in Construction Contracts

Contractor Defenses

Posted on May 9, 2012 by admin

While a property owner is free to claim that a contractor has defaulted on the work to be done and is therefore in breach of the contract, contractors do have defenses that may justify default.  Such defenses may even allow … Continue reading →

Posted in Construction Contracts, Construction Delays, Construction Litigation, Defective Construction

Changed Conditions

Posted on May 9, 2012 by admin

“Changed conditions” are defined as “subsurface, latent, or physical conditions at the site materially different from those indicated in the contract OR unknown physical conditions at the site of an unusual nature, differing materially from those ordinarily encountered and generally … Continue reading →

Posted in Construction Contracts, Construction Delays

Utility Interference Work

Posted on March 9, 2012 by admin

Pursuant to New York City Administrative Code 24-521, whenever any sewer, culvert, water main or pipe is going to be constructed, altered or repaired in any street in which the pipes, mains or conduits of public service corporations are laid, … Continue reading →

Posted in Construction Contracts, Construction Delays, Construction Litigation, Public Construction Contracts

Requirement for Change Orders in Writing

Posted on February 29, 2012 by admin

Generally, all orders for change or extra work in an existing construction contract must be in writing and signed by the property owner and architect, or other designated party.  The purpose of this strict writing requirement is to prevent the … Continue reading →

Posted in Construction Contracts

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Kushnick Pallaci, P.L.L.C., is a construction, business, insurance, labor and employment, and real estate law firm serving communities in New York and the
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