Kushnick | Pallaci PLLC Attorney At Law
Contractors performing work on Native American land in New York are not subject to New York’s Lien Law and have no lien law rights according to the Third Department’s ruling in Hunt Construction Group v. CIVES Corporation. Since
New York’s legislature may be overreaching on this one: The legislature has proposed to amend Section 771 of the General Business Law to insert a requirement that all home improvement contracts contain a clause requiring contractors to identify subcontractors to
In Beys Gen Const. Corp. v. Hill Intl Inc., the Appellate Division, Second Department, affirmed the decision of a trial court which awarded summary judgment to a subcontractor against a prime contractor for non-payment. In this instance, the
Normally, an insured cannot recover on negligence or breach of contract actions against its insurance broker for having procured coverage, even though the coverage was not entirely in accord with what the inured had requested. As such, if
In an effort to protect homeowners from “unscrupulous contractors”, the New York State legislature has proposed several amendments to existing law. These amendments include changes to the General Business Law and, more importantly, changes to the Lien Law.
In Sato Construction Co. v. 17 and 24 Corporation the owner of the project hired the contractor to restore several windows of a building that had been designated as historical landmarks. After the restoration work began the architect sent a
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
Contained within Article 3A of the New York Lien Law are some of the most dangerous legal requirements a general contractor will ever see. Many general contractors have heard of the Lien Law “trust fund” obligations, but only
In order to foreclose on a mechanic’s lien where the work was performed by a tenant, the lienor must establish that the work that was performed was performed with the landlord/owner’s consent. In Americon Const. Inc. v. Radu
Pursuant to FEMA’s National Flood Insurance Program (NFIP), a flood is defined as a general and temporary condition of partial or complete inundation of two or more acres of normally dry land area or of two or more
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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