Commentary on Lien Law Section 38
Lien Law Section 38 can be a very powerful tool for those looking to challenge a mechanic’s lien. In sum, Lien Law section 38 allows
August 17, 2014
Kushnick | Pallaci PLLC Attorney At Law
Lien Law Section 38 can be a very powerful tool for those looking to challenge a mechanic’s lien. In sum, Lien Law section 38 allows
Unless you practice in construction law, you may be surprised to find out how many times a contractor signs a “lien waiver” or even a
Members of the Empire State Chapter of the Associated Builders and Contractors, Inc. will receive a free initial consultation and free assistance with the initial
Recently the Second Department commented on what exactly is, and is not, a facial defect justifying summary discharge of a mechanic’s lien pursuant to LIen
This comes as no surprise, and certainly is not novel law, but the Second Department has again reminded us that “a court has no inherent
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
In Pike Co. v. Customweld Industries, the Appellate Division, Second Department, affirmed a 2012 decision and order of the Honorable Emily Pines (Suffolk County) wherein
A review of New York’s Lien Law §13(1) reveals that a mechanic’s lien shall have priority over a mortgage not recorded at the time of
In A&L Construction Corp. v. East Harlem Developers, the Supreme Court was faced with a situation where a contractor sought payment for monies allegedly due
Its already April and the first quarter of 2011 is behind us. As we enter the second quarter and the construction busy season I offer the following tips to help contractors avoid problems and get paid in full
The late Lawrence A. Kushnick, one of the original founders of Kushnick | Pallaci PLLC, is being honored by the Long Island Business News at their annual “leadership in law” awards at the Crest Hollow Country Club on
In a recent case decided on September 11, 2013 by the Appellate Division, Second Department, the Court once again affirmed subcontractor’s rights to file a mechanic’s lien even where there is an arbitration clause in the contract. American
Click on the link below to download a copy of Vincent T. Pallaci’s presentation to the Nassau County Bar Association’s Construction Law Committee . The presentation was entitled Insurance Provisions and Issues for the NY Construction Industry. Vincent
Kushnick | Pallaci PLLC is happy to offer a free sample form for filing a mechanic’s lien on a private project in New York. Simply click the link below to download the printable form. Sample Mechanic’s Lien on
The New York legislature has proposed bill A05026 wherein General Obligations Law Section 5-322.1 would be amended to forbid an agreement to indemnify a promisee for damages caused by third party negligence. Section 5-322.1 already forbids indemnification agreements
Kushnick | Pallaci PLLC was recently successful in a Suffolk County action in obtaining an order requiring a lienor to itemize its mechanic’s lien pursuant to Lien Law Section 38 and to provide a verified trust fund disclosure
Assembly bill A05023, if passed, would require owners to deposit retainage sums into an escrow based interest bearing account. The law would allow owners to keep the security of retainage until the project is complete and signed off
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
Assembly bill A01317 proposes to create a new “independent building review agency” in the City of New York to oversee the development and construction of projects within the City of New York. The proposal of this bill begs
Kushnick | Pallaci PLLC Attorney At Law
Need Help With a Legal Issue?
From contracts, to payment application disputes to construction defect claims we can help. We can often assess your situation and your options during a free initial consultation. Contact us at (631) 752-7100 or (212) 752-7155 to schedule an appointment or contact us via the web by clicking here.