What are “consequential damages” in construction claims?
Consequential damages, also known as indirect or special damages, are a type of damages that arise as a result of a breach of contract or
July 30, 2023
Kushnick | Pallaci PLLC Attorney At Law
Consequential damages, also known as indirect or special damages, are a type of damages that arise as a result of a breach of contract or
As cities grow and expand, construction projects are a common sight. New buildings, infrastructure, and developments spring up, revitalizing urban landscapes. However, while these projects
When it comes to construction, one crucial aspect that ensures the longevity and safety of a building is its foundation. The foundation, often hidden beneath
The thrill of living in a bustling urban environment often comes with the occasional challenge of nearby construction projects. While development can bring progress and
Introduction Construction projects often involve a multitude of challenges, and one of the most critical yet risky tasks is underpinning. Underpinning refers to the process
Construction sites are bustling hubs of activity, where skilled workers labor tirelessly to create impressive structures that shape our modern world. However, amid the excitement
The construction industry is a vital part of any economy, shaping skylines, infrastructure, and communities. However, it is also an industry known for its complexity
In the fast-paced world of urban development, construction projects often extend beyond the boundaries of a single property, especially in densely populated areas like New
The bustling city of New York stands as a testament to modern architectural marvels. However, amidst the towering skyscrapers and intricate infrastructure lies a potential
It is a topic often discussed on this site – discharging a mechanic’s lien summarily can only be achieved based upon facial defects in the lien. In Construction for Commerce, Inc. v.1325 48th Street, LLC, the Second Department
Pursuant to New York’s Lien Law § 41, a lien foreclosure action may be maintained by the lienor, his assignee or legal representative. Furthermore, if two or more lienors have filed notices of lien against the same real
New York Lien Law § 34 provides that any contract, agreement or understanding waiving a right to file or enforce any lien is void as against public policy and wholly unenforceable. Rotodyne, Inc. v. Consolidated Edison Co. of
Pursuant to Lien Law § 39, if a court should find that a lienor has willfully exaggerated the amount claimed in a lien as stated in the notice of lien, the lienor’s lien shall be declared void and
In Interior Building Services, Inc. v. Broadway 1384 LLC et al. a number of contractors, including a the general contractor, filed mechanic’s liens and sough to enforce them through a foreclosure action. All of the construction was provided
There is a lot of wrong, misguided and incomplete information out there about how to file a mechanic’s lien in New York. A lot of confusion results from the fact that many mechanic’s lienors reside outside of New
In Chris Keefe Bldrs, Inc. v. Hazzard, a general contractor filed a mechanic’s lien for unpaid contract amounts. The general contractor then proceeded to enforce the mechanic’s lien by commencing a foreclosure action. The property owners responded by
Contractors should sit up and pay attention to this one. I routinely get several calls per week from contractors inquiring about filing mechanic’s liens against condominiums that they worked on. In Matter of Bridge View Tower, LLC v.
In Pelc v. Berg, the Appellate Division, Fourth Department, determined that a contractor who had filed a willfully exaggerated mechanic’s lien was liable for the costs incurred by the home owners in discharging the willfully exaggerated mechanic’s lien
Well, its April and the first quarter of 2012 is already behind us. The good news is that its not 2010 anymore. The construction industry is healing itself but its by no means healthy. The bad news is
Kushnick | Pallaci PLLC Attorney At Law
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