Contractor’s failure to follow notice provisions leads to waiver of claim

Many, if not most, construction and development contracts contain provisions requiring notice of claim to be served within some specified period of time and in a specified manner.  Surprisingly, many contractors ignore these provisions or are simply oblivious to their … Continue reading

Owner not liable to pay subcontractor absent “assent”

The Suffolk County Supreme Court recently issued a decision affirming long established concept in construction law that says a subcontractor may not maintain an unjust enrichment claim directly against an owner unless the owner has “assented” to the obligation to … Continue reading