Kushnick Pallaci PLLC Insights
Practical updates on New York construction litigation, mechanics liens, contract disputes, access agreements, insurance issues, OSHA matters, and risk management for contractors, owners, developers, and property stakeholders.
Filing a mechanic’s lien is only the first step. Learn what happens if a New York mechanic’s lien is not extended or foreclosed, and what contractors and owners should do before lien rights are lost.
NYC building owner guide to mechanic’s lien options after a contractor payment dispute: Section 38 demands, defective work defenses, bonding, discharge, and litigation.
What NYC owners can do when a neighbor refuses scaffolding or access, including construction access agreements and RPAPL 881 court-ordered licenses.
New York additional insured coverage attorney guidance for construction disputes, tenders, indemnity, general liability insurance, property damage, and litigation.
New York Prompt Payment Act attorney guidance for invoice approval, written disapproval, payment deadlines, retainage, interest, suspension, arbitration, and disputes.
New York payment bond deadline and notice guide for Miller Act, State Finance Law 137, private bonds, lien discharge bonds, surety claims, and lawsuits.
New York mechanic’s lien deadline guide for private commercial, single-family, retainage, public improvement, service, extension, and foreclosure deadlines.
Article 3-A Timing: Why the Facts Matter Article 3-A trust fund diversion claims are timing-sensitive, but the deadline analysis depends on the claim, the parties,
New York Wicks Law guide for public owners, contractors, subcontractors, separate specifications, multiple prime contracts, bidding, delay, and payment disputes.
Implementing best practices for monitoring adjacent property construction promotes proactive risk management, enhances project efficiency, and minimizes adverse impacts on neighboring properties. By integrating comprehensive monitoring protocols and adopting industry-recommended strategies, construction teams can optimize safety, compliance, and
What is underpinning? Underpinning is the process of installing a new “foundation” under your existing foundation as a means of structural support. It is typically necessary when your neighbor is developing their property and their new foundation (and
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
Adjoining property construction has become an increasing concern in New York City as damage claims continue to mount. In 2014 one of the important changes to the NYC Building Code was the new requirement for a pre-construction survey
In 2014 the first significant series of amendments to the 2008 code went into effect. Chief among amendments was the addition of new section 3309.1.1 (effective 12/31/2014). It provides as follows: Where a construction or demolition project will
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
Assembly Bill A00706, if passed, would require developers to deposit a portion of the total estimated project cost into an escrow account for damage caused to neighboring properties during construction. This bill is clearly aimed at protecting property
Assembly Bill A00317 provides that on construction projects within the City of New York a notice shall be provided to adjoining property owners when construction, excavation or demolition work will take place. In the five boroughs of New
The New York State Court of Appeals, in its 2009 decision in Pioneer Towers Owners Ass’n v. State Farm Fire & Cas. Company, held that damage to a building caused by excavation work being conducted on an adjacent
The construction industry is dangerous. Major construction accidents can involve both a risk to life and property damage that can sometimes reach liability in the millions of dollars. In tight urban environments, like New York City, the risk
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Need help with a construction law issue?
From contract disputes and payment claims to mechanics liens, insurance issues, construction defects, and adjacent-property access matters, Kushnick Pallaci can help you evaluate the next practical move. Call (631) 752-7100 or contact us online.
