Getting paid on a construction project in New York can sometimes be the most difficult part of the job. Finding an attorney that understands the construction industry can often be just as difficult. Kushnick Pallaci PLLC represents the construction industry … Continue reading
Category Archives: Trust Diversion
The Benefits of NY Lien Law Section 76
Pursuant to Article 3A of the Lien Law, beneficiaries of construction trust funds may demand that trustees of such funds produce certain books and records of the trust so that the beneficiary may verify that all expenditures by the trustee … Continue reading
Appellate Division Rules Owner Has Standing to Bring Trust Diversion Claim
The Appellate Division, Second Department, recently ruled, for the first time, that owners of construction projects are beneficiaries of the trust created under Article 3A of the Lien Law and, therefore, have standing to bring claims against contractors, and their … Continue reading
Just how does a contractor “divert trust funds”?
As contractors and attorneys become more aware of the requirements and obligations of Article 3-A of the Lien Law, otherwise known as the trust fund provisions, more and more questions arise about just what a contractor can, and cannot, do. … Continue reading
Collecting on an Unpaid Construction Contract in New York
COLLECTING ON AN UNPAID CONSTRUCTION CONTRACT Collection is a part of every business, but in the construction industry it sometimes seems like collection is 90% of the business with 10% devoted to the actual construction. If you plan for collection … Continue reading