Kushnick | Pallaci PLLC Attorney At Law

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Court Finds Questions of Fact on Lien Challenge

In Icdia Corp. v. Visaggi (2nd Dept. January 2016) the owner defendant (the “owner”) leased the commercial premises at issue to the co-defendants.  One of the co-defendants entered into a contract with the plaintiff to renovate the leased

Construction Law and the New York False Claims Act

New York’s False Claims Act (NY State Fin. § 188 et seq.), which follows the Federal False Claims Act (31 USC § 3729 et seq.) is designed to prevent fraud against the Government. This statute subjects contractors on

Contractor terminated for not paying subcontractors

In American Curtain Wall v. NTD Construction Corp. a contractor sued for breach of contract.  The defendant filed a motion to dismiss and argued that the contract was validly terminated because the contractor failed to pay its subcontractors

Subcontract Warranty Provisions

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

Subcontractor liable for damages flowing from its abandonment of project

In Farrell Bldg. Co., Inc. v. Shinnecock Electric, Inc. a general contractor sued its former subcontractor for breach of contract.  The subcontractor, an electrician, apparently intentionally abandoned the subject project (so says the Second Department) and unilaterally terminated

Kushnick | Pallaci PLLC Attorney At Law​

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