Schedule a Consultation 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
Category Archives: Construction Litigation
Termination of Public Works Contract Does Not Necessarily Start Lien Clock
In County Wide Flooring, Corp. v. Town of Huntington the Court was faced with a motion to discharge a public improvement lien and dismiss the foreclosure action. The contractor apparently filed two mechanic’s liens. It failed to foreclose on the first … 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
Appellate Court: Homeowners did not establish willful exaggeration of lien
One of the most effective weapons against mechanic’s lien abuse by contractors is the owner’s ability to use Lien Law Section 39 and 39-a to defend against a “willfully exaggerated” lien. However, the burden of proving the “intent” necessary to … Continue reading
Court of Appeals: Reasonableness of Lien Not a “facial defect”
It is not often that the Court of Appeals chimes in on issues relating to the Lien Law in New York. As construction practioners, if we get a decision a year from the State’s highest Court its exciting. So, the … Continue reading