Kushnick | Pallaci PLLC Attorney At Law
In an effort to better conform to federal asbestos regulations and align asbestos requirements in New York with those of OSHA and the EPA, in early 2006 the New York State Department of Labor adopted the amended Industrial
Article 3A of the Lien Law is a potential nightmare waiting to happen for contractors. Often, the nightmare begins when the contractor is served with a Demand for a Verified Statement under Lien Law Section 76 by
Far and away the biggest complaint about mechanic’s liens is that the money is not owed. Unfortunately for those in New York, that is an issue that does not bring about a challenge under Lien Law Section 19.
In New York, all public construction projects (with very few limited exceptions) must be separately specified and bid out so that various different contracts for various trades can be awarded rather than allowing the public entity to hire
In Adams v. Carriage House Farm, Inc. the Appellate Division, Second Department, affirmed a lower court judgment that held that a mechanic’s lien was subordinated to the mortgage on the premises. The Court noted that there was no
In Matter of Mayrich Constr. Co. v. Oliver LLC, the Appellate Division was confronted with a trust fund diversion claim against a borrower of mortgage funds. The Court found that the mortgages at issue were obtained for the
The New York State Court of Appeals, in its 2009 decision in Pioneer Towers Owners Ass’n v. State Farm Fire & Cas. Company, held that damage to a building caused by excavation work being conducted on an adjacent
It is a topic often discussed on this site – discharging a mechanic’s lien summarily can only be achieved based upon facial defects in the lien. In Construction for Commerce, Inc. v.1325 48th Street, LLC, the Second Department
Many construction contracts include clauses that say that neither party will be liable for any “delay” damages arising out of a breach of the contract in some way. These clauses are typically referred to as a “no damages
Have you ever worked on a public construction project for the federal government? How about a public construction project for the State of New York or even a local municipality? If so, then you may know that you
Kushnick | Pallaci PLLC Attorney At Law
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Kushnick Pallaci, P.L.L.C., is a construction, business, insurance, labor and employment, and real estate law firm serving communities in New York and the 5 Boroughs, including New York City, Nassau, Suffolk, Brooklyn, Queens, Bronx, Manhattan, Staten Island, Westchester and White plains.
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