Kushnick | Pallaci PLLC Attorney At Law

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Commentary on Lien Law Section 38

Lien Law Section 38 can be a very powerful tool for those looking to challenge a mechanic’s lien.  In sum, Lien Law section 38 allows

Looking at NYC Construction for 2014

The New York Building Congress has reported that the inventory of stalled construction sites was down 12 percent over the past year.  This is good news for an industry that, as a whole, was largely devastated by recent

Construction Collapse Claims and Litigation in New York

The construction industry is dangerous.  Major construction accidents can involve both a risk to life and property damage that can sometimes reach liability in the millions of dollars.  In tight urban environments, like New York City, the risk

New ACORD 855 to be available for use June 2014

A new ACORD form 855 is scheduled to be promulgated by ACORD beginning in June 2014.  According to a press release issued by the Professional Insurance Agents (www.pia.org), the new form is “the product of more than a

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

No Attorneys’ Fees in Mechanic’s Lien

One of the most common questions that I am asked is whether a lienor may include attorneys’ fees, such as the costs of collection or the costs of preparing the mechanic’s lien itself, within the amount of the

End of Quarter Tips

Its already April and the first quarter of 2011 is behind us.  As we enter the second quarter and the construction busy season I offer the following tips to help contractors avoid problems and get paid in full

Case Law Update: Liens and Arbitration Clauses

In a recent case decided on September 11, 2013 by the Appellate Division, Second Department, the Court once again affirmed subcontractor’s rights to file a mechanic’s lien even where there is an arbitration clause in the contract. American

Kushnick | Pallaci PLLC Attorney At Law​

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