Appellate Court Affirms Denial Of Motion To Amend Lawsuit To Permit Subcontractor To Assert Direct Claims Against Project Owner
Our readers will not be surprised to learn that we believe that mechanic’s liens are a powerful tool to assist unpaid contractors ...
Governor Hochul Signs Construction Reporting Pay Act: What You Need To Know
A new New York law requires contractors to pay workers a minimum amount when they report to a jobsite — even if ...
ALJ Affirms Citation and Monetary Penalty To Firm For Not Filing OSHA Report on Time as ‘Ignorance of the Law is No Excuse’
An Administrative Law Judge upheld an OSHA penalty against a construction employer who failed to electronically submit its Form 300A injury and ...
Utility Interference Costs: Written Agency Direction Can Preserve a Contractor’s Claim
A New York court allowed a contractor's utility interference claim to proceed after the Department of Environmental Protection directed Con Edison to ...
Receivables Purchase Agreement Enforced Against Contractor and Personal Guarantor
A New York court enforced a receivables purchase agreement against a contractor and its personal guarantor, rejecting a usury defense because repayment ...
A Default Does Not Mean an Automatic Win: Construction Claims Still Require Proof
A New York court recently granted only partial default judgment in a construction case — rejecting several claims because the supporting documentation ...
Federal Ownership Alone Does Not Guarantee Miller Act Protection
A federal court recently dismissed a subcontractor's Miller Act claim even though the project was performed at a federally owned facility. The ...
Appellate Court Declines to Dismiss Claims Based on Parties’ Course of Conduct Despite Writing Requirement in Contract
A New York appellate court refused to dismiss construction claims despite a contract requiring modifications in writing, emphasizing the importance of the ...
Appellate Court Affirms Dismissal Of Mechanic’s Lien Foreclosure Action
A New York appellate court dismissed a mechanic's lien foreclosure action because the contractor failed to file a Notice of Pendency at ...
Owner-Caused Delays Do Not Excuse a Contractor’s Failure to Maintain Essential Services
A recent New York decision highlights that owner-caused delays do not excuse contractors from maintaining essential sanitary facilities in occupied homes ...
First Department Confirms: In NYC Excavation Work, the Party Digging Bears the Risk of Protecting the Neighbor
The Appellate Division, First Department’s decision in 1992 Third Realty LLC v. Third Avenue NY Realty LLC is an important reminder for ...
Breaking News: Federal Court Enjoins New York’s Off-Site Custom Fabrication Prevailing Wage Amendment
At the end of last year, I wrote about New York's continuing expansion of prevailing wage obligations. What began as a requirement ...
