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.
By Kushnick Pallaci PLLC — New York Construction Law Attorneys A recent decision from the Appellate Division, Second Department, offers a sharp warning to contractors
NYC Local Law 11 and FISP attorney guidance for facade repair contracts, boards, owners, access, insurance, unsafe conditions, change orders, and disputes.
AIA versus custom construction contract guidance for New York owners, contractors, subcontractors, payment, change orders, liens, indemnity, insurance, and disputes.
Suffolk County contractor violation lawyer for licensing, home improvement contracts, deposits, advertising, Consumer Affairs complaints, hearings, and payment disputes.
Falls are one of the leading causes of serious injuries and deaths in construction—and also one of the most frequently cited OSHA violations. If you’re
Construction projects are complex—especially in a place like Long Island, where strict regulations, tight timelines, and high-dollar investments are the norm. Whether you’re a general
New York City construction projects often affect neighboring buildings—and not always in good ways. If your property has been damaged due to nearby construction, you
New York construction property damage attorney guidance for nearby construction damage, adjacent excavation, monitoring, insurance, RPAPL 881, and litigation.
If your neighbor is planning construction and needs access to your property, you’re entitled to more than just a handshake agreement. Here’s what you should
Earlier in 2013 a bill was proposed in the New York State Assembly that would prohibit clauses in construction contracts which require contractors or subcontractors to continue to perform unapproved or disputed work. The bill correctly identifies that
In American Curtain Wall v. NTD Construction Corp. a contractor sued for breach of contract. The defendant filed a motion to dismiss and argued that the contract was validly terminated because the contractor failed to pay its subcontractors
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 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
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
I often hear of situations where contractors entered into agreement that they failed to read. They then become shocked to learn that a certain provision was in the agreement and are devastated when the contract is enforced against
Generally, contractors are not entitled to an additional/separate payment for mobilization and demobilization costs. Presumably, when you bid the project you included your expected mobilization and demobilization costs in your price. However, mobilization and demobilization costs can become
In CNP Mech. Inc. v. Allied Bldrs. Inc. the Appellate Division reduced a trial verdict that had been rendered in favor of a subcontractor and against a prime contractor. While the trial judge awarded the subcontractor the full value
Retainage on a contract is often a subject of bitter dispute between parties to a construction contract. The partying that is receiving payment always wants the retainage to be minimal or eliminated all together. The party that is
One of the most important things for contractors to remember is that they must document their delay claims and change order claims and, perhaps more importantly, they must read their contracts. It seems simple, but for the majority
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Need help with a construction law issue?
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.
