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- Jeffrey A. Lhuillier
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Posts by category
- Category: Adjacent Property Construction
- Preconstruction Surveys and Monitoring Requirements in NYC
- What is a “construction license access agreement?”
- Agreements for Adjacent Property Access
- NYC Now Requires Monitoring During Certain Adjacent Property Excavation
- NYC Requires Pre-Construction Survey for Adjoining Property Construction
- A Quick Look at NYC’s Notice Requirement for Adjoining Construction
- Architects involved with excavation in NYC may face strict liability for damage to adjacent property
- Construction Collapse Claims and Litigation in New York
- Necessary Building Demolition
- Economic Damages to Adjacent Property
- Category: AIA A 201
- Category: Alternate Dispute Resolution
- Construction mediation: Useful tool or waste of time?
- Ohio Venue Provision Declared Void by NY Court
- Case Law Update: Liens and Arbitration Clauses
- Appellate Division Affirms Enforceability of Arbitration Provision
- Think you cannot file a mechanic’s lien because of your arbitration clause? Think again!
- Fraudulent Inducement Voids Arbitration Clause
- First Department Holds that Arbitrable Claims Must Proceed Before Non-Arbitrable Claims can be Litigated
- Filing Mechanic’s Lien Does Not Violate Arbitration Clause
- Category: Amending Liens
- Termination of Public Works Contract Does Not Necessarily Start Lien Clock
- Lien in “substantial compliance” may be amended
- Case Summary: Private Lien Cannot be Amended to become Public Lien
- Only Facial Defects are Ripe for Summary Disposition of a Mechanic’s Lien in New York
- Can I amend my mechanic’s lien?
- Can I amend my mechanic’s lien?
- Mechanic’s Lien Basics
- Category: Arbitration
- Category: Architects and Engineers Liability
- Category: Articles & Resources
- Arbitration Preparation Guidelines
- Joining a Limited Liability Company: Be aware of the risks
- Obtaining Insurance Coverage for Damage Caused by Negligent Underpinning and Excavation
- Kushnick & Associates Obtains Victory for Former Roslyn School Board Members
- Kushnick & Associates wins landmark insurance coverage appeal
- Preparation for and Avoidance of Construction Claims
- Protecting your personal assets: Fundamental rules that will fortify the corporate form
- Category: Building Code
- Possible Amnesty for DOB Violations
- Court overturns DEP Noise Violation
- Noteworthy Approved and Pending Statutory and Regulatory Amendments
- Defining a “major building” in New York City
- Subcontract Warranty Provisions
- Zoning Ordinance Appeals
- OSHA Inspections: Employer Rights and Responsibilities – Posting Requirements and Informal Conferences
- OSHA Inspections: Employer Rights and Responsibilities – Types of Violations
- Energy Code Compliance
- Owner’s Obligation for Construction Safety
- Abnormally Dangerous Construction Activities
- Earthwork Notifications
- Category: Condominiums
- Category: Consequential Damages
- Costs to complete and correct construction is the proper measure of damages
- Refusing to Proceed with a Construction Change Directive (CCD)
- Court Finds Estoppel Not Applicable to Delay Claim Against Town
- Lost Profits Awarded After Improper Termination
- “No damages for delay” clause enforced by New York Court
- Construction Collapses: Responding to the Emergency from a Legal Standpoint
- Second Department Finds “No-Damages For Delay” Clause Enforceable”
- Category: Construction Contracts
- Liquidating Agreements: What you should know
- Contractor’s failure to follow notice provisions leads to waiver of claim
- Owner not liable to pay subcontractor absent “assent”
- Claims Not Expressly Preserved in Notice Were Waived
- Legislature: limit retainage and define “substantial completion”?
- Construction Contracts: Recovering Attorneys’ Fees
- New York Construction Debt Collection
- Municipal Construction Issues in New York
- Contractor’s performance not excused
- Unlicensed Contractor not entitled to payment in Manhattan
- A brief overview of competitive bidding in NY construction contracts
- Construction contract claims against NY school districts
- Appellate Court Affirms Issue of Fact Regarding Waiver of Performance Bond
- Court Reminds Owners to Timely Object To Defective Work
- Bill that would prohibit forcing contractors to continue work under protest remains stalled in Committee
- Contracts indemnifying third parties may be voided by law
- Legislature may make retainage work for you
- Mobilization and Demobilization in New York Contracts
- Court gives lesson to subcontractors: when your contract incorporates the terms of the prime contract READ IT
- Limits on Retainage
- Quick Construction Contract Tips: Failure to Properly Document May Waive Extra Work Claims
- Collecting on an Unpaid Construction Contract in New York
- New York General Business Law Section 771
- Changed Conditions and the Construction Contract
- Challenging a Bid (Bid Protest) on Public Construction Projects
- Procedure for Protesting a Contract Award Subject to the Comptroller’s Approval
- The Wicks Law Debate
- Will New York require contractors to notify home owners of the subcontractors it uses on projects?
- Subcontractor Awarded Summary Judgment – Not Bound to Documentation Requirements of the Prime Contract
- Appellate Division Says Architect Does Not Have the Final Word on Impossibility of Performance
- How to Draft A Construction Contract that Protects You in a Tough Economy
- How to Collect Unpaid Fees on a Construction Contract
- Hurricane Insurance Claims
- Hurricane Sandy and Your Legal Rights
- Subcontractor liable for damages flowing from its abandonment of project
- Construction contract tip of the day
- Legislature Bans Contract Provision Requiring Subcontractor to Exhaust All Remedies Before Filing Bond Claim
- The Importance of Reading and Understanding Your Insurance Policy
- Supply Contract Warranties
- Contractor Defenses
- Changed Conditions
- The World of Construction in 2012: Protect Yourself or Say Goodbye
- Utility Interference Work
- Requirement for Change Orders in Writing
- Disclosure of Property Conditions
- Subcontracts and Binding Contract Provisions
- Westinghouse Clauses
- Liquidating Agreements
- Housing Merchant Implied Warranty
- Actions against Architects and Engineers
- Contractual Right of Termination
- Indemnification Clauses
- Mistakes in Bidding and Contract Formation
- Signing Away Delay Damages
- Notice Requirements for Construction Delays
- Acceleration
- No Damage for Delay Provision
- Non-excusable, Concurrent, and Non-compensable Excusable Delays
- Owner-Caused Compensable Delays; Owners’ Liability to Contractors
- Advertising Bids for Public Contracts
- Bid bonds
- Wicks Law
- Contract Rescission
- Purchase Orders and Supply Contracts
- Types of Construction Contracts in New York
- Category: Construction Delays
- Category: Construction License Access Agreement
- Category: Construction Litigation
- What is a payment bond?
- What is a Lien Law Section 59 Demand to Foreclose?
- Public Improvement Lien Deadline Runs from Completion and Acceptance
- Insurance Issues in the Construction Industry
- Appellate Court: Homeowners did not establish willful exaggeration of lien
- Reasonableness of Lien Not a “facial defect”
- Free Construction Payment Quick Reference Guide
- Contractor Allowed to Proceed Under License Held in Different Name
- Court Finds Questions of Fact on Lien Challenge
- Property damage claim not precluded by exculpatory clause
- When is a “waiver of lien” not really a waiver of lien in NY?
- New York City Consumer Affairs Contractor’s Restitution Trust Fund
- Responding to a Demand for a Verified Statement Under Lien Law Section 76
- Construction Manager Liability
- Issues of Fact Prevent Contractor From Winning Summary Judgment
- Watch out for local laws limiting your period to bring a claim
- Watch out for local laws limiting your period to bring a claim
- Article 78 Proceedings
- A.E Third Party Liability
- Divided Responsibility on Defects
- Economic Loss versus Public Nuisance
- Time Limitations on Mold Exposure Actions
- Bonds under the Miller Act
- Surety’s liability under a Bid Bond
- General contractor and subcontractor insurance – get insurance coverage in writing
- Professional Liability
- Category: Construction Safety
- “Storage Room” Deemed “Work Area” under Industrial Code
- Beginning in 2017 Certain Employers Must Electronically Report Injuries and Illness to OSHA
- OSHA Issues New Walking-Working Surfaces Rule
- Increased OSHA Penalties on the Way
- Is NYC contemplating the creation of a new independent “building review agency”?
- Legislature contemplates whether builders of one family residential homes should be exempt from Labor Law 240 and 241
- Don’t Ignore ECB Violations
- Underpinning an Adjacent Property: A Recipe for Shutting Your Project Down
- New York City Underpinning Concerns
- Asbestos Removal Requirements in New York Under Code Rule 56
- Worker’s Comp Issues
- Scaffold Law Limitations
- Affirmative Defenses to Statutory Liability
- 12 NYCRR 23-1.7
- One Call System
- High Risk Construction
- Abnormally Dangerous Activities and Strict Liability
- Scaffold Law Strict Liability?
- Residential Dwelling Exception under Labor Law §§ 240 and 241
- A Contractor’s Obligations for Construction Safety
- New York Scaffold Law
- Handling Construction Site Injuries
- Category: Contractor License
- Category: Defective Construction
- Category: Discharge Bond
- What is a mechanic’s lien discharge bond?
- Bonding a construction lien in New York is not really that mysterious
- What happens to a lien after a mechanic’s lien bond has been filed?
- Who are the necessary parties to a lien foreclosure action after the mechanic’s lien has been bonded?
- Surety’s Liability Limited to Face Amount of Discharge Bond
- Category: Exaggeration
- Category: Excavation
- Could developers be required deposit money into an escrow account to protect against damage to neighboring properties?
- Proposed Amendment Requires Notice to Adjoining Owners When Construction, Excavation or Demolition Work Will Take Place
- Court of Appeals Expands Earth Movement Exclusion
- Liability of Utility Companies during the Performance of Excavation Work
- Category: Home Improvement Contract
- Category: In the News
- Pallaci Contributes to ABA 50 State Lien Law Handbook
- Home Owners Defeat Contractor’s Claim and Win Defect Claim
- Kushnick Pallaci Welcomes New Associate
- Kushnick Pallaci chosen as winner of Boutique Construction Law Firm of the Year in New York
- Kushnick Pallaci PLLC Moves Into New Office
- Kushnick Pallaci opens new NYC Office
- Drones in the Construction Industry
- Kushnick Pallaci adds new associate
- Pallaci and Lhuillier Named “Rising Stars” By Super Lawyers Magazine
- KP’s Vincent Pallaci Interviewed by Surety News
- KP to Host MBE/MWBE Workshop
- Vincent Pallaci invited to speak at New York State Association of Towns annual meeting and training school
- Pallaci and Lhuillier Selected to “Super Lawyers Rising Stars” in Construction Litigation
- Discounts to Members of the Empire State Chapter of Associated Builders and Contractors, Inc.
- Looking at NYC Construction for 2014
- Kushnick to be honored with “leadership in law” award by Long Island Business News
- Kushnick Pallaci Successful in Compelling Lienor to Respond to Lien Law Section 38 and Section 76 Demands
- Pallaci Published in New York Real Estate Journal
- Pallaci Again Named a “Rising Star” in Construction Litigation by Super Lawyers
- Pallaci Receives “AV Preeminent” Rating from Martindale
- Pallaci Named a “Top Construction Attorney” in New York
- KP Obtains Summary Judgment Dismissing Breach Claims against Commercial Tenant
- Vincent Pallaci Published in NYREJ
- Award-Winning New York Law Firm Expands Services to Western New York
- VINCENT T PALLACI SELECTED AS ATTORNEY FINALIST For New York Enterprise Report “Best Accountants and Attorneys for Privately Held Companies” Awards
- Firm Partner Vincent Pallaci Finalist for New York Enterprise Report’s “Best Accountants and Attorneys for Privately Held Companies.”
- One of Long Island’s Best Appointed Law Firms for 2012
- Kushnick and Pallaci to speak at Sept 2012 Seminar
- Lawrence Kushnick, Esq. Recognized as One of the 2010 New York Super Lawyers
- Category: Injury
- Category: Insurance
- Long Island Storm Damage Lawyers: Submitting a Property Damage Claim
- New ACORD 855 to be available for use June 2014
- Free Download of “Insurance Provisions and Issues for the NY Construction Industry” Presentation Materials
- The shifting insurance broker liability landscape of New York
- FEMA Flood Insurance
- FEMA National Flood Insurance Program Summary of Coverage
- Business Interruption Insurance Claims in New York
- New York Court of Appeals rejects State Farms use of Earth Movement and Settling and Cracking exclusions to bar coverage related to construction
- Update on General Liability Insurance
- Category: Itemization of Lien
- Category: Lien Foreclosure
- How do I file a mechanic’s lien in New York?
- Motion to Extend NY Mechanic’s Lien Need Not be on Notice
- Appellate Division Comments on Factors to Establish Owner’s Consent
- Necessary Parties to a New York Mechanic’s Lien Foreclosure Action
- Consolidating New York Lien Foreclosure Actions
- Using Lien Law Section 59 to Challenge a NY Mechanic’s Lien
- Category: Lien Law Section 59
- Category: Lien Law Section 76
- The Benefits of NY Lien Law Section 76
- Just how does a contractor “divert trust funds”?
- New York’s Lien Law Section 76
- Maintaining Proper Trust Records to Avoid Trust Diversion Liability in New York
- Lien Law Trust Beneficiary Rights Under Section 76 of the Lien Law
- Was the General Contractor Really Paid?
- Category: Lien Law Section 8
- Category: Mechanic's Liens
- Free Sample Final Lien Waiver (NY)
- New York Mechanic’s Lien – Free Sample Form
- How to file a public improvement lien in New York
- Extending a Mechanic’s Lien in New York
- What is the cost to file a mechanic’s lien in New York?
- What is a “lien release” or “lien waiver” and should I sign one?
- Port Authority of NY&NJ is “Public Corporation” within meaning of Lien Law
- Court Permits Late Extension of Mechanic’s Lien
- Lien Law Section 11 and Lien Law Section 19
- Who can file a mechanic’s lien on account of public improvement?
- Owner consent required for mechanic’s lien
- Second Department Says Mechanic’s Lien Not Invalid on Its Face
- Priority: Mechanic’s Liens vs. Mortgages
- Free Sample Form for Filing a Mechanic’s Lien in NY
- Common Fatal Lien Mistakes in New York
- Only facial defect leads to summary discharge of mechanic’s lien
- Waiver of Mechanic’s Lien Rights Under Lien Law Section 34
- Construction was for the benefit of the tenant only so landlord successful in discharging the mechanic’s liens filed by contractors
- How to File Mechanic’s Lien in New York
- Owners Response to Notice of Lien
- Bonding Multiple Mechanic’s Liens on a Single Parcel of NY Property
- Mechanic’s Lien Discharge Bonds
- Exaggerated Mechanics Lien Spells Trouble for Western New York Contractor
- What is a construction or mechanic’s lien?
- Category: Public Improvement Lien
- Category: New York Construction Law Blog
- New York’s Fair Play Act
- Claims Made by an Obligee
- Claims Made by an Obligee: Liquidated and Delay Damages, Incidental and Consequential Damages, and Punitive Damages
- Apprenticeship Programs in the Construction Industry
- The “Best Value” Objective of Negotiations
- Certainty of Change in Construction Projects
- Efforts to Eliminate Retainage Fee
- Federal Government Pursues Energy-Efficient Projects
- United States Court of Appeals Holds Pay-When-Paid Clause Valid
- Warning Lights for IPD Building-Production Movement
- New York Cool Roofs Program
- Contractor’s Failure to Declare Subcontractor in Default and Provide Surety with Notice Released Surety from Liability
- Worker Killed When Crane Boom Collapses
- Chinese Dry Remediation Standard
- OSHA Announces National Emphasis Program On Injury and Illness Recordkeeping
- Use of Project Labor Agreements for Federal Construction Projects
- Protecting Your Employees Against Construction Related Injuries
- EPA Requires Contractors to Obtain Certification Prior to Working In Structures Built Before 1978
- Oregon Court of Appeals rules that builders in oregon can be sued for “Negligent Construction” if a building code violation is involved
- Fair Labor Standards Act
- Category: OSHA
- Category: Payment Bond Claims
- Category: Property Damage
- Category: Public Construction Contracts
- Category: Sample Forms
- Category: Statutory Amendments
- Category: Subcontractors
- Category: Surety
- Category: Trust Diversion
- Category: Trust Funds
- Category: Uncategorized
- 2 Kushnick Pallaci Attorneys Named “Rising Stars” By Super Lawyers Magazine
- NYC Implements Monitoring for Potential Hazards During Excavation
- No Attorneys’ Fees in Mechanic’s Lien
- Caveat assignee: Be careful when assigning mechanic’s lien rights
- Appellate Division Rules Owners are Beneficiaries of Trust Funds
- State Finance Law Section 137 Amended: Bond Claims Due Within One Year of Completion and Acceptance
- New York’s Lien Law Section 38
- Insurance Provisions and Issues for the New York Construction Industry
- Interpreting Surety Bonds
- Thoughts on the AIA A312-2010
- Mortgage Takes Priority over Mechanic’s Lien
- Construction Project on Oneida Indian Nation’s Land Not Subject to Lien Law
- Does BCL § 630 Apply to Foreign Corporations
- 2nd Annual College Regional MWBE Conference
- State of the State Address
- Category: Underpinning
- Category: Void Contract Provisions
- Category: Water Damage
- Category: Wick's Law