Kushnick | Pallaci PLLC Attorney At Law
New York City, the concrete jungle where dreams are built, is a hotbed for construction activity. Whether you’re a contractor, subcontractor, or property owner, understanding
Watch and listen to Kushnick Pallaci Managing Partner Vincent Pallaci discuss Judicial License Agreements in NYC in today’s Construction Law Webinar. You can learn more
What is underpinning? Underpinning is the process of installing a new “foundation” under your existing foundation as a means of structural support. It is typically
For more than a year construction attorneys from across the United States that are members of the American Bar Association’s (ABA) Construction Industry Forum have
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.
Two Nassau County home owners were sued by a contractor that filed a mechanic’s lien against their property and claimed it was not paid in
What is construction mediation? Mediation is a form of “alternate dispute resolution” that is common in the construction industry. Unlike litigation or arbitration, mediation is
Click the link below for a free sample form of a final lien waiver in New York. This is provided for informational purposes only. You
Click below to view a free sample form for a mechanic’s lien in New York: Click Here to Download Free PDF Form
McNamee Constr. Corp. v. City of New Rochelle: Nothing really shocking or new here but worth repeating since it is a commonly used and problematic clause. Here, the contract had a clause stating that there could be no
Much like the warranties expressed and implied in contracts to perform work, the terms of a supply contract bind materialmen to perform to a certain degree of quality. Pursuant to the Uniform Commercial Code, which governs the sale
While a property owner is free to claim that a contractor has defaulted on the work to be done and is therefore in breach of the contract, contractors do have defenses that may justify default. Such defenses may
“Changed conditions” are defined as “subsurface, latent, or physical conditions at the site materially different from those indicated in the contract OR unknown physical conditions at the site of an unusual nature, differing materially from those ordinarily encountered
Well, its April and the first quarter of 2012 is already behind us. The good news is that its not 2010 anymore. The construction industry is healing itself but its by no means healthy. The bad news is
Pursuant to New York City Administrative Code 24-521, whenever any sewer, culvert, water main or pipe is going to be constructed, altered or repaired in any street in which the pipes, mains or conduits of public service corporations
Generally, all orders for change or extra work in an existing construction contract must be in writing and signed by the property owner and architect, or other designated party. The purpose of this strict writing requirement is to
When entering into a contract to do work, it is generally the obligation of the property owner to disclose to the contractor any conditions that may affect the completion of the project. A later finding of unexpected property
Under New York law, clauses in a construction subcontract that incorporate prime contract clauses by reference, bind a subcontractor only as to prime contract provisions relating to the scope, quality, character and manner of the work to be
Westinghouse clauses vest the engineer on a construction project with broad decision making powers, and judicial review of any decision is limited to “the questions of whether or not the engineer’s determination is arbitrary, capricious or grossly erroneous
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.
