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

A Contractor’s Obligations for Construction Safety

A contractor’s obligations towards construction safety are similar to that of an owner’s, but are more extensive. Not only are contractors obligated to provide safe job sites, they must also provide workers with safe equipment, tools, and safety

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

New York’s Fair Play Act

On August 27, 2010, New York Governor David Paterson signed the New York Construction Industry Fair Play Act, which seeks to curtail the misclassification of employees as independent contractors in the construction industry. The Fair Play Act may

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

Claims Made by an Obligee

Claims Made by an Obligee When an obligee makes a claim under a performance bond, more often than not it will be seeking the completion of the work by the surety, or funding for the completion of a

Kushnick | Pallaci PLLC Attorney At Law​

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