Kushnick | Pallaci PLLC Attorney At Law

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Construction mediation: Useful tool or waste of time?

What is construction mediation? Mediation is a form of “alternate dispute resolution” that is common in the construction industry.   Unlike litigation or arbitration, mediation is almost always not binding.  Mediation can always be voluntarily agreed to by the

Ohio Venue Provision Declared Void by NY Court

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

Case Law Update: Liens and Arbitration Clauses

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

Fraudulent Inducement Voids Arbitration Clause

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

Contractor’s Risks and the AIA A201

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,

Kushnick | Pallaci PLLC Attorney At Law​

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