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Category Archives: Breach of Contract

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 »

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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