Kushnick Pallaci PLLC Insights
Practical updates on New York construction litigation, mechanics liens, contract disputes, access agreements, insurance issues, OSHA matters, and risk management for contractors, owners, developers, and property stakeholders.
Filing a mechanic’s lien is only the first step. Learn what happens if a New York mechanic’s lien is not extended or foreclosed, and what contractors and owners should do before lien rights are lost.
NYC building owner guide to mechanic’s lien options after a contractor payment dispute: Section 38 demands, defective work defenses, bonding, discharge, and litigation.
What NYC owners can do when a neighbor refuses scaffolding or access, including construction access agreements and RPAPL 881 court-ordered licenses.
New York additional insured coverage attorney guidance for construction disputes, tenders, indemnity, general liability insurance, property damage, and litigation.
New York Prompt Payment Act attorney guidance for invoice approval, written disapproval, payment deadlines, retainage, interest, suspension, arbitration, and disputes.
New York payment bond deadline and notice guide for Miller Act, State Finance Law 137, private bonds, lien discharge bonds, surety claims, and lawsuits.
New York mechanic’s lien deadline guide for private commercial, single-family, retainage, public improvement, service, extension, and foreclosure deadlines.
Article 3-A Timing: Why the Facts Matter Article 3-A trust fund diversion claims are timing-sensitive, but the deadline analysis depends on the claim, the parties,
New York Wicks Law guide for public owners, contractors, subcontractors, separate specifications, multiple prime contracts, bidding, delay, and payment disputes.
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 necessary when your neighbor is developing their property and their new foundation (and
If you are performing construction work in New York City there is a very good chance that you will have to perform a preconstruction survey and/or perform monitoring of neighboring properties. The preconstruction survey and the monitoring often
Performing construction in New York City can often involve working in tight quarters. As a result, it is often necessary to enter your neighbor’s property in order to perform the work and, perhaps more importantly, to erect protection
Effective December 31, 2014 certain construction projects in New York City will require monitoring of adjacent buildings impacted by construction. Pursuant to newly added section 3309.4.4: During the course of excavation work the following shall be monitored in
Adjoining property construction has become an increasing concern in New York City as damage claims continue to mount. In 2014 one of the important changes to the NYC Building Code was the new requirement for a pre-construction survey
When the Court of Appeals decision in Yenem Corp. v. 281 Broadway came down in 2012 it signaled a potential avalanche of strict liability claims against persons that “cause an excavation to be made.” The question remained: who causes an
In Pike Co. v. Customweld Industries, the Appellate Division, Second Department, affirmed a 2012 decision and order of the Honorable Emily Pines (Suffolk County) wherein it was determined that questions of fact existed as to whether Pike had
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
Home owners in New York City that obtain judgments against licensed home improvement contractors and are not able to collect may not be totally without recourse. Once a judgment is obtained against a licensed New York City Home
One of the provisions that is often included in a subcontract agreement is the subcontractor’s warranties. These provisions essentially bind the subcontractor by an implied promise to perform the subcontract work in a skillful and workmanlike manner. Fairbairn
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Need help with a construction law issue?
From contract disputes and payment claims to mechanics liens, insurance issues, construction defects, and adjacent-property access matters, Kushnick Pallaci can help you evaluate the next practical move. Call (631) 752-7100 or contact us online.
