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

Article 78 Proceedings

Building owners are able to commence proceedings under Article 78 to seek review of a determination of a building permit.  Prior to such application, however, the building owner must exhaust all administrative remedies within the department, pursuant to

A.E Third Party Liability

Aside from their responsibility to act in a reasonably prudent manner toward employees, subcontractors, and contractors, architects and engineers also run the risk of being sued by a third party should their negligent work be the cause of

Divided Responsibility on Defects

A party participating in the completion of a project is generally only responsible for the portion of the project over which it has control.  For example, a contractor who manufactures a product following the plans and specifications of

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

Economic Loss versus Public Nuisance

A landowner who engages in activities that may cause injury to persons on adjoining premises undoubtedly owes those persons a duty to take reasonable precautions to avoid injuring them or causing damage to their property.  This duty applies

Time Limitations on Mold Exposure Actions

Under New York law, actions to recover for an injury to property or person have a statute of limitations of three years from the date of the damage. It is difficult to reconcile these time limitations with the

Bonds under the Miller Act

Bonds under the Miller Act The Miller Act (40 U.S.C.A §§ 3131 et seq.) applies to almost every federal government construction project that is over $100,000. Exempt from the Miller act requirements are certain Army, Navy, Air Force,

Surety’s liability under a Bid Bond

Generally, the surety will not become liable on a bid bond unless or until the contractor has the legal obligation to enter into the specified contract and subsequently fails to meet those obligations and requirements under the contract.

Abnormally Dangerous Construction Activities

In 1969, New York joined a majority of other jurisdictions which hold that one who engages in blasting work will be responsible for any injury to neighboring properties caused by the blasting, regardless of fault. In Spano v.

Construction Arbitration v. Litigation – Which is right for you?

Construction Arbitration or Construction Litigation? Recent developments have cast doubt on the prior concepts that made construction arbitration so popular. Many Builders say arbitration is faster and cheaper than litigation. But homeowner and consumer groups, including Consumers Union,

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.