Kushnick | Pallaci PLLC Attorney At Law

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Disputing a mechanic’s lien in New York

Listen to KP’s Vincent Pallaci discuss various tools for challenging a mechanic’s lien in New York. Topics include the Lien Law Section 19 facial challenge

Changed Conditions

“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

Utility Interference Work

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

Excuseable Delays

Generally, the owner of property waives defects that are easily discoverable upon inspection when they take occupancy of the premises, accept the work, and pay for it.  The parties to the contract may avoid this often unintended waiver,

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

Burden of Proof for Delay Damages

Delay damages are usually difficult to prove with absolute certainty, and it is the party claiming the injury that has the burden of proving the damages claimed. However, the impossibility of determining the precise amount of damages or

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

No Damage for Delay Provision

Many construction contracts include a No Damage for Delay provision, which purports to excuse an owner from contractual liability for any damages due to delay caused by the owner, its agents, or other contractors under its supervision. Contractors

Owner-Caused Excusable Construction Delays

It is a general rule that a party must fulfill its contractual obligations within the contract period unless performance is rendered impossible by an act of God, the law, or another party, and unforeseen difficulties in construction will

Kushnick | Pallaci PLLC Attorney At Law​

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