Municipal Construction Issues in New York
Mechanic’s Lien on a Public Improvement Must be filed within thirty (30) days of the time that the project was completed and accepted (Lien Law
March 16, 2016
Kushnick | Pallaci PLLC Attorney At Law
Mechanic’s Lien on a Public Improvement Must be filed within thirty (30) days of the time that the project was completed and accepted (Lien Law
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
In Laws Constr. Corp. v. Town of Patterson (2nd Dept. January 2016), the plaintiff submitted the lowest bid to the Town of Patterson (the “Town”)
Inspectronic Corp. v. Gottlieb Skanska, Inc. (2nd Dept. January 2016) involved a contract wherein the Plaintiff was to perform seven specific items in its “scope of
Kushnick Pallaci PLLC had added a new associate to its growing practice. With a family in construction, Jaymie B. Sabilia-Heffert knows firsthand just what can
Vincent T. Pallaci, Kushnick Pallaci’s managing member, and Jeffrey A. Lhuillier, an associate at the firm, have both been named as “rising stars” by Super
New York’s False Claims Act (NY State Fin. § 188 et seq.), which follows the Federal False Claims Act (31 USC § 3729 et seq.)
Matter of Rigano v Vibar Constr., Inc. Decided 9/30/15 by the Appellate Division: Second Department Upon remittitur from the Court of Appeals, the Court found
HVS, LLC v Fortney & Weygandt, Inc. Decided 9/24/15 by the Supreme Court, Rockland County The issue in this appeal concerns the validity of an
City of Troy, N.Y. v 1776 Sixth Ave., Troy, LLC Decided November 12, 2015 at App. Div. 3rd Dep’t. The issue here was whether the language of the contract excused Defendant’s performance by the requisite deadline. The parties
Concerns over potential damage to adjacent properties in New York City has become a real concern for contractors and developers looking to work in the Big Apple. Perhaps in response to the growing number of adjacent property damage
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
It is a well known and long upheld principle in New York that where work requires a license, and the plaintiff does not have such a license, the plaintiff is not entitled to recover payment under any theory
It would seem like a basic tenant of the Lien Law but the Second Department recently reaffirmed the principle that in order to file a mechanic’s lien on account of a public improvement in New York the lienor
Sky Materials Corp. v Frog Hollow Indus., Inc. Decided: 2/11/15 at App. Div. 2nd Dept. The Appellate Court affirmed the lower court’s decision, dismissing plaintiff’s action to foreclose on three mechanics’ liens and to recover damages for breach
Metrowoodworking Inc. v Hunter Roberts Constr. Group, LLC The Appellate Court affirmed the finding of the lower court, denying the plaintiff’s motion for leave to amend the notice of lien. This action arose out of a construction and
Kushnick Pallaci PLLC managing member Vincent Pallaci was recently interviewed by Surety News and discussed trends and issues in construction bonding. You can read the interview here: Pallaci Surety Solutions Interview
Kushnick | Pallaci PLLC Attorney At Law
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