Kushnick | Pallaci PLLC Attorney At Law

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Judicial License Agreements in NYC Webinar

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

Liquidating Agreements: What you should know

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.

Free Sample Final Lien Waiver (NY)

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

Refusing to Proceed with a Construction Change Directive (CCD)

Changes occur constantly on a construction site, whether they are inadvertently caused by the weather, the negligence of another trade, or directly caused by the General Contractor, Owner and/or Architect via a construction change directive (CCD).  All too

Contractor’s performance not excused

City of Troy, N.Y. v 1776 Sixth Ave., Troy, LLC Decided November 12, 2015 at App. Div. 3rd Dep’t. The issue here was whether the language of the contract excused Defendant’s performance by the requisite deadline.  The parties

Construction contract claims against NY school districts

Education Law §3813 sets forth strict requirements for a contractor, or any other party, to secure its claim against a school district.  This statute creates a condition precedent in maintaining an action against a school district: a notice

Court Reminds Owners to Timely Object To Defective Work

In A&L Construction Corp. v. East Harlem Developers, the Supreme Court was faced with a situation where a contractor sought payment for monies allegedly due under the contract.  The contractor moved for summary judgment on an account stated

Changed Conditions and the Construction Contract

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

Owner Delay Damages

In the event of the delay of a completion date of a construction contract, an owner may seek delay damages from the contractor.  The owner may seek either actual or liquidated damages, but usually not both, and the

Contractor Defenses

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

Kushnick | Pallaci PLLC Attorney At Law​

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