Construction law resources
New York Construction Law Articles and Updates
Browse selected articles, case updates and practical construction-law resources from Kushnick Pallaci PLLC on mechanic’s liens, RPAPL 881 access disputes, construction contracts, insurance coverage, surety bonds, OSHA issues and related New York construction litigation topics.
Mechanic's Liens and Trust Fund Claims
- Appellate Division Rules Owner Has Standing to Bring Trust Diversion Claim
- Appellate Division Rules Owners are Beneficiaries of Trust Funds
- Bonding a construction lien in New York is not really that mysterious
- Bonding Multiple Mechanic’s Liens on a Single Parcel of NY Property
- Can I amend my mechanic’s lien?
- Case Law Update: Liens and Arbitration Clauses
- Case Summary: Private Lien Cannot be Amended to become Public Lien
- Commentary on Lien Law Section 38
- Consolidating New York Lien Foreclosure Actions
- Construction Project on Oneida Indian Nation’s Land Not Subject to Lien Law
- Court doesn’t buy trust diversion claim: orders surety liable for damages for failure to perform under performance bond
- Court Finds Questions of Fact on Lien Challenge
- Court Permits Late Extension of Mechanic’s Lien
- Exaggerated Mechanics Lien Spells Trouble for Western New York Contractor
- Filing Mechanic’s Lien Does Not Violate Arbitration Clause
- Free Sample Final Lien Waiver (NY)
- Ignoring Lien Law Section 38
- Itemized Statements Required of Lienors Pursuant to Section 38 of the Lien Law
- Just how does a contractor “divert trust funds”?
- Legislature proposes amendment to Lien Law Section 54 and new Lien Law Section 19-a
- Lien in “substantial compliance” may be amended
- Lien Law 38
- Lien Law Trust Beneficiary Rights Under Section 76 of the Lien Law
- Lien that is Timely on its Face Cannot be Summarily Discharged
- Lienor’s Liability for Willful Exaggeration of Mechanic’s Lien
- Maintaining Proper Trust Records to Avoid Trust Diversion Liability in New York
- Mechanic’s Lien Discharge Bonds
- Mortgage Takes Priority over Mechanic’s Lien
- Motion to Extend NY Mechanic’s Lien Need Not be on Notice
- Necessary Parties to a New York Mechanic’s Lien Foreclosure Action
- New York City Consumer Affairs Contractor’s Restitution Trust Fund
- New York Trust Fund Claim Barred By Statute of Limitations?
- New York’s Lien Law Section 38
- New York’s Lien Law Section 76
- No Attorneys’ Fees in Mechanic’s Lien
- Owner consent required for mechanic’s lien
- Pallaci Contributes to ABA 50 State Lien Law Handbook
- Priority: Mechanic’s Liens vs. Mortgages
- Public Improvement Lien Deadline Runs from Completion and Acceptance
- Second Department Says Mechanic’s Lien Not Invalid on Its Face
- Second Department Vacates Mechanic’s Lien Against Condomimium
- Think you cannot file a mechanic’s lien because of your arbitration clause? Think again!
- Waiver of Mechanic’s Lien Rights Under Lien Law Section 34
- What happens to a lien after a mechanic’s lien bond has been filed?
- When is a “waiver of lien” not really a waiver of lien in NY?
- Who are the necessary parties to a lien foreclosure action after the mechanic’s lien has been bonded?
- Who can file a mechanic’s lien on account of public improvement?
RPAPL 881, Adjacent Construction and Property Damage
- A Quick Look at NYC’s Notice Requirement for Adjoining Construction
- Architects involved with excavation in NYC may face strict liability for damage to adjacent property
- Demystifying the New York Construction License Agreement
- Economic Damages to Adjacent Property
- FAQ: Adjacent Property Damage Claims in New York City
- Judicial License Agreements in NYC Webinar
- Liability of Utility Companies during the Performance of Excavation Work
- License Agreements & RPAPL 881 Access FAQ – Brooklyn
- License Agreements & RPAPL 881 Access FAQ – Queens
- License Agreements & RPAPL 881 Access FAQ – The Bronx
- License Agreements & RPAPL 881 FAQ – Suffolk County
- Navigating Property Damage Claims Involving Adjacent Property Construction in New York City
- New York City Underpinning Concerns
- NYC Implements Monitoring for Potential Hazards During Excavation
- NYC Now Requires Monitoring During Certain Adjacent Property Excavation
- NYC Requires Pre-Construction Survey for Adjoining Property Construction
- Obtaining Insurance Coverage for Damage Caused by Negligent Underpinning and Excavation
- Property damage claim not precluded by exculpatory clause
- Property Damage from Adjacent Construction – Brooklyn
- Property Damage from Adjacent Construction – Queens
- Property Damage from Adjacent Construction – The Bronx, NY
- Proposed Amendment Requires Notice to Adjoining Owners When Construction, Excavation or Demolition Work Will Take Place
- Should I let my neighbor perform underpinning?
- The Risks of Adjacent Property Construction in New York: Protecting Your NYC Property from Underpinning, Excavation, and Potential Damage
- Underpinning an Adjacent Property: A Recipe for Shutting Your Project Down
- Water Damage to Adjacent Property
Construction Contracts, Change Orders and Delay Claims
- A brief overview of competitive bidding in NY construction contracts
- A Contractor’s Obligations for Construction Safety
- Advertising Bids for Public Contracts
- Bill that would prohibit forcing contractors to continue work under protest remains stalled in Committee
- Bronx Property Owners: Don’t Start Your Facade Repairs Without a Strong Contract
- Brooklyn Property Owners: Get Legal Protection Before You Sign That Facade Repair Contract
- Burden of Proof for Delay Damages
- Certainty of Change in Construction Projects
- Changed Conditions
- Changed Conditions and the Construction Contract
- Claims Made by an Obligee: Liquidated and Delay Damages, Incidental and Consequential Damages, and Punitive Damages
- Collecting on an Unpaid Construction Contract in New York
- Construction contract claims against NY school districts
- Construction Contracts: Recovering Attorneys’ Fees
- Contract Rescission
- Contractor Allowed to Proceed Under License Held in Different Name
- Contractor Defenses
- Contractor terminated for not paying subcontractors
- Contractor’s Failure to Declare Subcontractor in Default and Provide Surety with Notice Released Surety from Liability
- Contractor’s performance not excused
- Contractor’s Risks and the AIA A201
- Contracts indemnifying third parties may be voided by law
- Contractual Right of Termination
- Costs to complete and correct construction is the proper measure of damages
- Court Finds Estoppel Not Applicable to Delay Claim Against Town
- Discounts to Members of the Empire State Chapter of Associated Builders and Contractors, Inc.
- Efforts to Eliminate Retainage Fee
- Excuseable Delays
- Home Owners Defeat Contractor’s Claim and Win Defect Claim
- Housing Merchant Implied Warranty
- How to Collect Unpaid Fees on a Construction Contract
- How to Draft A Construction Contract that Protects You in a Tough Economy
- Illegal Bids and Contracts on Public Contracts
- Issues of Fact Prevent Contractor From Winning Summary Judgment
- Legislature Bans Contract Provision Requiring Subcontractor to Exhaust All Remedies Before Filing Bond Claim
- Legislature: limit retainage and define “substantial completion”?
- Limits on Retainage
- Lost Profits Awarded After Improper Termination
- Mistakes in Bidding and Contract Formation
- No Damage for Delay Provision
- Non-excusable, Concurrent, and Non-compensable Excusable Delays
- Notice Requirements for Construction Delays
- Owner Delay Damages
- Procedure for Protesting a Contract Award Subject to the Comptroller’s Approval
- Quick Construction Contract Tips: Failure to Properly Document May Waive Extra Work Claims
- Quick construction contract tips: watch out for documents “incorporated by reference”
- Refusing to Proceed with a Construction Change Directive (CCD)
- Requirement for Change Orders in Writing
- Responsiveness: Complying with Bid Documents on Public Contracts
- Second Department Finds “No-Damages For Delay” Clause Enforceable”
- Signing Away Delay Damages
- Statutory Changes to Watch Our For
- Subcontract Warranty Provisions
- Subcontractor Awarded Summary Judgment – Not Bound to Documentation Requirements of the Prime Contract
- Subcontracts and Binding Contract Provisions
- Supply Contract Warranties
- The Legal Aspects of Change Orders in Construction Performed in New York
- The Miller Act and the Little Miller Act: What New York Contractors Need to Know
- United States Court of Appeals Holds Pay-When-Paid Clause Valid
- Unlicensed Contractor not entitled to payment in Manhattan
- Was the General Contractor Really Paid?
- Will New York require contractors to notify home owners of the subcontractors it uses on projects?
- “No damages for delay” clause enforced by New York Court
- “Trivial” defects not grounds for holding general contractor liable to worker injured on construction site
Insurance, Surety Bonds and Coverage
- Appellate Court Affirms Issue of Fact Regarding Waiver of Performance Bond
- Be careful when buying insurance: your construction related claim might not be covered
- Bonds under the Miller Act
- Claims Made by an Obligee
- Failure to Timely Notify Insurance Carrier of Injury on Construction Site Results in Denial of Coverage
- FEMA Flood Insurance
- FEMA National Flood Insurance Program Summary of Coverage
- Free Download of “Insurance Provisions and Issues for the NY Construction Industry” Presentation Materials
- Hurricane Insurance Claims
- Insurance Provisions and Issues for the New York Construction Industry
- Interpreting Surety Bonds
- KP’s Vincent Pallaci Interviewed by Surety News
- New York Court of Appeals rejects State Farms use of Earth Movement and Settling and Cracking exclusions to bar coverage related to construction
- Parties In a Surety Relationship
- Release of Surety on Bid Bonds
- State Finance Law Section 137 Amended: Bond Claims Due Within One Year of Completion and Acceptance
- Surety’s Liability Limited to Face Amount of Discharge Bond
- The Importance of Reading and Understanding Your Insurance Policy
- The shifting insurance broker liability landscape of New York
- Update on General Liability Insurance
OSHA, Labor Law and Construction Safety
- Beginning in 2017 Certain Employers Must Electronically Report Injuries and Illness to OSHA
- Fair Labor Standards Act
- High Risk Construction
- Increased OSHA Penalties on the Way
- New York Scaffold Law
- Occupational Safety & Health Administration – Citations
- OSHA Announces National Emphasis Program On Injury and Illness Recordkeeping
- OSHA Inspections: Employer Rights and Responsibilities – Posting Requirements and Informal Conferences
- OSHA Inspections: Employer Rights and Responsibilities – Types of Violations
- Owner’s Obligation for Construction Safety
- Residential Dwelling Exception under Labor Law §§ 240 and 241
- Scaffold Law Limitations
- Scaffold Law Strict Liability?
- Use of Project Labor Agreements for Federal Construction Projects
Public Projects, Bidding and Procurement
Architects, Engineers and Defect Claims
- Actions against Architects and Engineers
- Appellate Division Says Architect Does Not Have the Final Word on Impossibility of Performance
- Architects and Engineers: Revocation of License
- Court Reminds Owners to Timely Object To Defective Work
- Divided Responsibility on Defects
- New York Architect and Engineer Licensing Requirement
- Professional Liability
- The Liability of Architects and Engineers
- Waiver of Defects
Firm News, Speaking Engagements and Publications
- 2 Kushnick Pallaci Attorneys Named “Rising Stars” By Super Lawyers Magazine
- 2nd Annual College Regional MWBE Conference
- Firm Partner Vincent Pallaci Finalist for New York Enterprise Report’s “Best Accountants and Attorneys for Privately Held Companies.”
- KP to Host MBE/MWBE Workshop
- Kushnick & Associates Obtains Victory for Former Roslyn School Board Members
- Kushnick Pallaci adds new associate
- Kushnick to be honored with “leadership in law” award by Long Island Business News
- Lawrence Kushnick, Esq. Recognized as One of the 2010 New York Super Lawyers
- Pallaci Again Named a “Rising Star” in Construction Litigation by Super Lawyers
- Pallaci and Lhuillier Named “Rising Stars” By Super Lawyers Magazine
- Pallaci and Lhuillier Selected to “Super Lawyers Rising Stars” in Construction Litigation
- Pallaci Published in New York Real Estate Journal
- Pallaci Receives “AV Preeminent” Rating from Martindale
- Vincent Pallaci invited to speak at New York State Association of Towns annual meeting and training school
- Vincent Pallaci Published in NYREJ
- VINCENT T PALLACI SELECTED AS ATTORNEY FINALIST For New York Enterprise Report “Best Accountants and Attorneys for Privately Held Companies” Awards
Additional Construction Law Updates
- 12 NYCRR 23-1.7
- A.E Third Party Liability
- A.E. SOL Toll
- Abnormally Dangerous Activities and Strict Liability
- Acceleration
- Appellate Division Comments on Factors to Establish Owner’s Consent
- Appellate Division Confirms Finding of Willful Exaggeration
- Apprenticeship Programs in the Construction Industry
- Article 78 Proceedings
- Chinese Dry Remediation Standard
- Claims Not Expressly Preserved in Notice Were Waived
- Construction Collapse Claims and Litigation in New York
- Construction Collapses: Responding to the Emergency from a Legal Standpoint
- Construction Law and the New York False Claims Act
- Construction Manager Liability
- Construction mediation: Useful tool or waste of time?
- Could developers be required deposit money into an escrow account to protect against damage to neighboring properties?
- Court of Appeals Expands Earth Movement Exclusion
- Court overturns DEP Noise Violation
- Defining a “major building” in New York City
- Disclosure of Property Conditions
- Disputing a Consumer Affairs Notice of Violation in Suffolk County
- Drones in the Construction Industry
- Earthwork Notifications
- Energy Code Compliance
- Federal Government Pursues Energy-Efficient Projects
- First Department Holds that Arbitrable Claims Must Proceed Before Non-Arbitrable Claims can be Litigated
- Fraudulent Inducement Voids Arbitration Clause
- Hire a Lawyer to Draft a Construction Access Agreement – NY Construction Law Experts
- Indemnification Clauses
- Is NYC contemplating the creation of a new independent “building review agency”?
- Joining a Limited Liability Company: Be aware of the risks
- KP Obtains Summary Judgment Dismissing Breach Claims against Commercial Tenant
- Kushnick Pallaci chosen as winner of Boutique Construction Law Firm of the Year in New York
- Liquidating Agreements
- Liquidating Agreements: What you should know
- Looking at NYC Construction for 2014
- Necessary Building Demolition
- New ACORD 855 to be available for use June 2014
- New York Cool Roofs Program
- New York General Business Law Section 771
- New York’s Fair Play Act
- No License – NO CASE!
- Noteworthy Approved and Pending Statutory and Regulatory Amendments
- NYC Condo & Co-Op Boards: Don’t Let Local Law 11 Repairs Create Legal Headaches
- Ohio Venue Provision Declared Void by NY Court
- One Call System
- Preconstruction Surveys and Monitoring Requirements in NYC
- Protect Your Building and Your Bottom Line During Local Law 11 Repairs
- Statutory Amendments in the Works
- The World of Construction in 2012: Protect Yourself or Say Goodbye
- Thoughts on the AIA A312-2010
- Time Limitations on Mold Exposure Actions
- Utility Interference Work
- Warning Lights for IPD Building-Production Movement
- Watch out for local laws limiting your period to bring a claim
- What to do if someone was injured on your construction site in New York
- Worker Killed When Crane Boom Collapses
- Worker’s Comp Issues
- You May Need More Than a Suffolk County Home Improvement Contractor License
- Zoning Ordinance Appeals