Author Archives: giannascashook
Participation In An Arbitration May Waive a Party’s Right to Seek Relief From the Courts
A recent case decided by the Appellate Division for the Second Department showcases the potential effect participating in an arbitration may have on a party’s ability to seek relief from or otherwise litigate the issues in the court system. The appellant in Mechtronics Corp. v. Kirchhoff Consigli Construction Management, LLC was a subcontractor to the… Read More »
SALE OF CONDO UNIT RESULTS IN FINDING THAT SUBCONTRACTOR’S MECHANICS LIEN IS INVALID
The recent case of V.A.L. Floors, Inc. v. Marson Contracting Co., Inc. is a good reminder of the peculiarities of filing a mechanics lien on a condominium project and is a warning to would be lienors not to sit on their rights. The plaintiff in V.A.L. Floors was a flooring subcontractor to the defendant, the… Read More »
Contractor’s Claim Survives Attacks Based On Waiver and Failure to Provide Notice
In the recent case, Peter Scalamandre & Sons, Inc. v. FC 80 DeKalb Associates, 2013 N.Y. Slip Op. 50999(U)(Kings County, June 11, 2013), a property owner attempted to avoid liability for payment of extra work by relying upon release language that is often found in mechanics’ lien waivers as well as the contractor’s purported failure… Read More »
NEW YORK STATE COURT OF CLAIMS DISMISSES CONTRACTOR’S BREACH OF CONTRACT CLAIM DUE TO CONTRACTOR’S FAILURE TO ABIDE BY THE NOTICE AND RECORD KEEPING PROVISIONS OF CONTRACT WITH NEW YORK STATE DEPARTMENT OF TRANSPORTATION (“DOT”)
Pursuant to the New York Court of Claims Act the Court of Claims has jurisdiction to hear and determine claims against the state. The Court of Claims may also have jurisdiction over certain state agencies, as well as over the state itself. This will depend on whether the agency is considered an arm of… Read More »
VIOLATION OF NEW YORK LABOR LAW RESULTS IN FORFEITURE OF SUBCONTRACT PAYMENTS FOR COMPLETED WORK
A recent case from the Second Department Appellate Division held that a subcontractor forfeited its right to be paid under its subcontract after it had willfully violated provisions of the New York Labor Law, even though the subcontractor had fully completed its subcontract work. In Alpha Interiors, Inc. v. Tulger Construction Corp., Alpha Interiors… Read More »
Contractors’ Claims Denied For Failure To Strictly Comply With Contract Notice Provisions
ON TWO RECENT APPEALS THE APPELLATE DIVISION UNANIMOUSLY AFFIRMS DISMISSAL OF CONTRACTORS CLAIMS FOR FAILURE TO STRICTLY ADHERE TO NOTICE OF CLAIM PROVISIONS CONTAINED IN NEW YORK CITY CONTRACTS All too often contractors performing work for municipalities, such as the City of New York, overlook the importance of strictly complying with contractual notice provisions related… Read More »
Lien Law Update
An amendment to the lien law effective in August of 2011 brings a significant change to the time in which a contractor may file a mechanic’s lien. According to the strict requirements of the New York Lien Law, a contractor is required to file their lien no later than 8 months after completing their work for a private project,… Read More »
Be Careful What You Say – A Cautionary Tale of Anticipatory Repudiation
Anticipatory repudiation refers to a situation when one party to a construction contract refuses to perform some aspect of the agreement before the time for performance is due. The non-repudiating party then has the option of treating the agreement as breached and is entitled to damages. In other words, if a General Contractor determines that… Read More »
Opportunity to Cure
The decision to terminate a subcontractor is difficult one and can lead to disaster if not done correctly. Before ultimately making the decision to terminate, the non-performing contractor must be given an opportunity to cure its breach. The opportunity to cure a breach of contract is a well established and fundamental right, routinely recognized by… Read More »
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