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.
AAA Construction Arbitration: Practical Starting Point The AAA Construction Arbitration Rules provide a procedure, but the contract and project record still drive the dispute. Parties
Choosing the Right Dispute Forum Arbitration, litigation, and mediation each solve different problems. The right choice depends on the contract, the need for discovery, urgency,
Understanding and navigating the intricacies of the New York Lien Law, including the rarely used Section 8, is crucial for contractors and material suppliers aiming
For construction industry professionals, real estate developers, and business owners, understanding New York Lien Law crucial. This section outlines trustees’ responsibilities in managing lien law
Payment Pressure and Mechanic’s Lien Strategy A mechanic’s lien can be powerful, but it should be part of a broader payment strategy. Contractors and subcontractors
In Matter of 269-273 14th St. NY Corp. v. Stein the Second Department considered whether an adjacent landowner, forced to allow access to a neighbor
Learn practical options for disputing a New York mechanic’s lien, including Section 38 itemization, Section 59 foreclosure demands, discharge, bonding and settlement.
Listen to Kushnick Pallaci PLLC’s managing Member Vincent Pallaci breakdown and explain the face of a violation received from the Suffolk County Office of Consumer
Navigating legal and insurance considerations is essential for mitigating liabilities and safeguarding against potential risks associated with adjacent property construction. Understanding contractual obligations, insurance coverage
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
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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.
