Kushnick | Pallaci PLLC Attorney At Law

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Liquidating Agreements: What you should know

The Appellate Division, Second Department, recently issued a decision in Rad and D’Aprile, Inc. v. Arnell Construction Corp. where they analyzed the enforceability of liquidating agreements. What is a liquidating agreement? A liquidating agreement in construction is an agreement

Owner not liable to pay subcontractor absent “assent”

The Suffolk County Supreme Court recently issued a decision affirming long established concept in construction law that says a subcontractor may not maintain an unjust enrichment claim directly against an owner unless the owner has “assented” to the

Claims Not Expressly Preserved in Notice Were Waived

The First Department of the Appellate Division recently held that a contractor had waived certain claims in connection with a government contract because the contractor did not expressly set forth the claims in an extension of time request.

Construction Contracts: Recovering Attorneys’ Fees

Often times the determining factor in whether to pursue litigation or not is the cost of the litigation (i.e. attorneys’ fees).  Naturally, it doesn’t make sense to spend more than you will recover.  When dealing with relatively low

New York Construction Debt Collection

Getting paid on a construction project in New York can sometimes be the most difficult part of the job.  Finding an attorney that understands the construction industry can often be just as difficult.  Kushnick Pallaci PLLC represents the

Refusing to Proceed with a Construction Change Directive (CCD)

Changes occur constantly on a construction site, whether they are inadvertently caused by the weather, the negligence of another trade, or directly caused by the General Contractor, Owner and/or Architect via a construction change directive (CCD).  All too

Kushnick | Pallaci PLLC Attorney At Law​

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