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.
The New York Legislature is currently considering a significant amendment to New York Lien Law § 10 that would dramatically expand the time available to file a mechanic’s lien. If enacted, the proposal would represent one of the
How to file a New York mechanic’s lien, including project type, deadline, amount, property information, service, proof, and enforcement planning.
Lien Law Section 12 seems pretty clear but its always nice to have the Appellate Division confirm that clarity. In Munoz Trucking Corp. v. Darcon Const. Inc. Munoz apparently filed a public improvement lien that mistakenly named Darcon as the
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
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 “willful exaggeration” of a mechanic’s lien. However, the burden of
Rare Lien Commentary from Court of Appeals It is not often that the Court of Appeals chimes in on issues relating to the Lien Law in New York. As construction practitioners, if we get a decision a year
New York construction payment quick reference for mechanic’s liens, payment bonds, Prompt Payment Act rights, retainage, trust funds, and unpaid contract claims.
In Icdia Corp. v. Visaggi (2nd Dept. January 2016) the owner defendant (the “owner”) leased the commercial premises at issue to the co-defendants. One of the co-defendants entered into a contract with the plaintiff to renovate the leased
A mechanic’s lien in New York lasts for one year from the date of filing. In order to extend a mechanic’s lien on single family dwellings and certain other liens, a motion to extend a mechanic’s lien is
The primary reason for obtaining a mechanic’s lien discharge bond (Lien Law Section 19(4) ) is to remove the lien from the property. You may do this because you are contractually obligated to keep the property lien free
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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.
