NYC Now Requires Monitoring During Certain Adjacent Property Excavation

Effective December 31, 2014 certain construction projects in New York City will require monitoring of adjacent buildings impacted by construction.  Pursuant to newly added section 3309.4.4: During the course of excavation work the following shall be monitored in accordance with … Continue reading

Architects involved with excavation in NYC may face strict liability for damage to adjacent property

When the Court of Appeals decision in Yenem Corp. v. 281 Broadway came down in 2012 it signaled a potential avalanche of strict liability claims against persons that “cause an excavation to be made.”  The question remained: who causes an excavation to … Continue reading

Appellate Court Affirms Issue of Fact Regarding Waiver of Performance Bond

In Pike Co. v. Customweld Industries, the Appellate Division, Second Department, affirmed a 2012 decision and order of the Honorable Emily Pines (Suffolk County) wherein it was determined that questions of fact existed as to whether Pike had waived a … Continue reading