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.
AAA Construction Arbitration: Practical Starting Point The AAA Construction Arbitration Rules provide a procedure, but the contract and project record still drive the dispute. Parties should understand filing requirements, arbitrator selection, preliminary hearings, discovery limits, hearing preparation, and
New York construction mediation attorney guidance for payment, delay, defect, lien, bond, arbitration, litigation, settlement, and contract disputes.
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 arbitration agreement entered into by the parties. The parties entered into a written
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
On June 26, 2013 the Appellate Division, 3rd Department, confirmed the award of a lower court allowing Kushnick Pallaci PLLC’s client to enforce an arbitration clause in a contract between an owner and a mold and water damage
Okay, so I admit that the title of this post is not entirely accurate; in fact, its 100% false here in New York. But, sadly, it is what many misinformed individuals tell me (or rather yell at me)
In Chris Keefe Bldrs, Inc. v. Hazzard, a general contractor filed a mechanic’s lien for unpaid contract amounts. The general contractor then proceeded to enforce the mechanic’s lien by commencing a foreclosure action. The property owners responded by
The AIA standard form of agreement between contractor and owner (the AIA A101) does not appear to be an overly complex or daunting agreement on its face. However, upon closer review, and a look at the right hand margin,
In County Glass & Metal Installers, Inc. v. Pavarini McGovern, LLC, County Glass & Metal entered into a contract with the property owner and Parvini, the construction manager. County Glass was to install a glass curtain wall manufactured
It is a very common scenario: a contractor wants to file a mechanic’s lien on a project but has an arbitration clause in its contract. A misguided soul may think that the arbitration clause prohibits the filing of
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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.
