Kushnick | Pallaci PLLC Attorney At Law

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Ignoring Lien Law Section 38

What is Section 38 of the New York Lien Law? Pursuant to Section 38 of the Lien Law, an owner or general contractor can force

What is a payment bond?

Definition of a Payment Bond When we talk about security for paying a contractor or supplier the first thing that often comes to mind is

Lost Profits Awarded After Improper Termination

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 work” but only completed three out of the seven before the defendant terminated

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

Contractor’s performance not excused

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

Construction contract claims against NY school districts

Education Law §3813 sets forth strict requirements for a contractor, or any other party, to secure its claim against a school district.  This statute creates a condition precedent in maintaining an action against a school district: a notice

Court Reminds Owners to Timely Object To Defective Work

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 under the contract.  The contractor moved for summary judgment on an account stated

Kushnick | Pallaci PLLC Attorney At Law​

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