Kushnick | Pallaci PLLC Attorney At Law

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Changed Conditions and the Construction Contract

A changed condition, or differing site condition, is one in which the contractor was unaware of or one that was not reasonably expected by the contracting parties at the time the contract was entered into. United States government

New York Trust Fund Claim Barred By Statute of Limitations?

In Precast Restoration Services v. Global Precast Inc. the plaintiff, a subcontractor, sued a general contractor that hired it, along with the corporation principals of the general contractor, for diversion of trust funds under New York Lien Law Article

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

Vincent Pallaci Published in NYREJ

www.NYREJ.com published an article written by Vincent Pallaci on Tuesday, April 9, 2013 entitled “In order to avoid problems during construction, it is critical to keep open lines of communication”. The article discusses the points of construction within

Interpreting Surety Bonds

In East 49th St. Dev. LLC v. Prestige Air and Design, the Kings County Supreme Court (Demarest, J.) noted that under New York law, a surety bond is to be interpreted as any other contract and the court

Thoughts on the AIA A312-2010

As most of you know, a new version of the AIA A312 performance bond came out in 2010 “replacing” the 1983 version of the A312.  As we enter year two of the A312-2010 I thought it was a

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