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

Liquidating Agreements

Subcontractors may be protected against damages a property owner is at fault for through an agreement with the contractor.  The contractor and subcontractor may arrange that the contractor will reimburse the subcontractor for damages it sustains at the

Housing Merchant Implied Warranty

General Business Law § 777-a provides for a housing merchant implied warranty in the contract of sale for all new homes, which survives the passing of title.  Pursuant to the statute, the home must be free from all

Actions against Architects and Engineers

The liability of architects and engineers is most commonly found in the areas of either contract or negligence, depending upon who was damaged and the basis of the claim. Owners, who usually have a direct contract with architects

Contractual Right of Termination

Construction contracts typically included a list of causes that allow the owner to terminate the contract either for cause or for convenience.  Contractors are also given the right to terminate the contract for cause under certain circumstances. The

Indemnification Clauses

A contractor may be found liable for an act of negligence which results in the creation of a dangerous condition upon a public street or sidewalk .  A contractor may be required to indemnify their employer when their

Mistakes in Bidding and Contract Formation

Mistakes often occur when preparing a bid for a construction contract. Usually, a mistake comes in the form of incorrectly adding figures or inaccurate transfer of figures from calculation sheets to bid proposal sheets. Furthermore, specifications may be

Signing Away Delay Damages

Despite the inclusion of a “no damages for delay” clause in a construction contract, parties to the contract may still be able to recover for damages they incur as a result of project delays. While various parties include

Owner’s Obligation for Construction Safety

As the party with the ultimate responsibility for a construction project, an owner has statutory and common-law obligations to protect workers from accidents that are capable of being anticipated. However, an owner does not have an obligation to

Notice Requirements for Construction Delays

Prompt written notice of any act or event that caused delay is often required and usually contained in construction contracts, and may be a condition precedent to request an extension of time, to not complete the work as

Acceleration

Acceleration is a means by which work that is behind schedule is caught up to the contract completion date. There are many methods to achieve acceleration, such as placing extra laborers on the job, working overtime, obtaining more

Kushnick | Pallaci PLLC Attorney At Law​

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