The Builder Next-Door Damaged My Property: Now What?
Owning a home is a significant investment, and homeowners often take great care to maintain their property. However, unexpected incidents can occur, such as a
August 1, 2023
Kushnick | Pallaci PLLC Attorney At Law
Owning a home is a significant investment, and homeowners often take great care to maintain their property. However, unexpected incidents can occur, such as a
Consequential damages, also known as indirect or special damages, are a type of damages that arise as a result of a breach of contract or
As cities grow and expand, construction projects are a common sight. New buildings, infrastructure, and developments spring up, revitalizing urban landscapes. However, while these projects
When it comes to construction, one crucial aspect that ensures the longevity and safety of a building is its foundation. The foundation, often hidden beneath
The thrill of living in a bustling urban environment often comes with the occasional challenge of nearby construction projects. While development can bring progress and
Introduction Construction projects often involve a multitude of challenges, and one of the most critical yet risky tasks is underpinning. Underpinning refers to the process
Construction sites are bustling hubs of activity, where skilled workers labor tirelessly to create impressive structures that shape our modern world. However, amid the excitement
The construction industry is a vital part of any economy, shaping skylines, infrastructure, and communities. However, it is also an industry known for its complexity
In the fast-paced world of urban development, construction projects often extend beyond the boundaries of a single property, especially in densely populated areas like New
COLLECTING ON AN UNPAID CONSTRUCTION CONTRACT Collection is a part of every business, but in the construction industry it sometimes seems like collection is 90% of the business with 10% devoted to the actual construction. If you plan
What is New York General Business Law § 771? It is a statute governing home improvement contracts. This section is particularly important because it specifies items that must be included in a home improvement contract in order for
A changed condition, or differing site condition, is one in which the contractor was unaware of or one that was not reasonably expected by the contracting parties at the time the contract was entered into. United States government
When a contractor is awarded a bid or a bid is rejected, a bidder or even a taxpayer may file a claim pursuant to Article 78 of New York’s CPLR requesting that the bid award be set aside.
An interested party to a contract that is subject to the Office of the State Comptroller’s approval may file an initial protest of a contract award with the Office of the State Comptroller’s Bureau of Contracts. However such
One of the provisions that is often included in a subcontract agreement is the subcontractor’s warranties. These provisions essentially bind the subcontractor by an implied promise to perform the subcontract work in a skillful and workmanlike manner. Fairbairn
In New York, all public construction projects (with very few limited exceptions) must be separately specified and bid out so that various different contracts for various trades can be awarded rather than allowing the public entity to hire
Many construction contracts include clauses that say that neither party will be liable for any “delay” damages arising out of a breach of the contract in some way. These clauses are typically referred to as a “no damages
New York’s legislature may be overreaching on this one: The legislature has proposed to amend Section 771 of the General Business Law to insert a requirement that all home improvement contracts contain a clause requiring contractors to identify subcontractors to
In Beys Gen Const. Corp. v. Hill Intl Inc., the Appellate Division, Second Department, affirmed the decision of a trial court which awarded summary judgment to a subcontractor against a prime contractor for non-payment. In this instance, the
Kushnick | Pallaci PLLC Attorney At Law
Need Help With a Legal Issue?
From contracts, to payment application disputes to construction defect claims we can help. We can often assess your situation and your options during a free initial consultation. Contact us at (631) 752-7100 or (212) 752-7155 to schedule an appointment or contact us via the web by clicking here.
Kushnick Pallaci, P.L.L.C., is a construction, business, insurance, labor and employment, and real estate law firm serving communities in New York and the 5 Boroughs, including New York City, Nassau, Suffolk, Brooklyn, Queens, Bronx, Manhattan, Staten Island, Westchester and White plains.
Prior results do not guarantee a similar outcome.