Michael Zicherman – Peckar & Abramson, P.C.

Getting the Deal Through - Construction 2017 - US Chapter

This is the Introduction and the US Chapter of Getting the Deal Through – Construction 2017, published by Law Business Research as part of its Getting the Deal Through series. The chapter provides more than 38 FAQ responses…more
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Construction Law & Practice - US Chapter

This is the US Chapter from the Second Edition of Construction Law & Practice, published by Thompson Reuters's Sweet & Maxwell International Series. The chapter provides more than 50 FAQ responses about key issues regarding the…more
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Governor Christie Shuts Down 1400 Transportation Projects Worth $3.5 Billion

New Jersey's massive statewide transportation project shutdown comes about as the result of Gov. Christie’s June 30, 2016 Executive Order 210, which declared a State of Emergency due to the New Jersey State Senate’s failure to…more
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Pay-if-Paid Clauses in Construction Subcontracts

Practice Point developed with Practical Law on drafting considerations for preparing a clearly and properly worded pay-if-paid clause for a construction subcontract in those jurisdictions that permit them, and providing a sample…more
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Pay-if-Paid vs. Pay-when-Paid in Construction Contracts

Article drafted with Practical Law discussing the differences between pay-if-paid clauses and pay-when-paid clauses in construction contracts and the enforceability of such provisions…more
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Statute of Repose Limits an Indemnity Claim

Discusses the New Jersey Supreme Court's decision in Town of Kearny v. Brandt, 214 N.J. 76 (2013), in which the Supreme Court ruled on how the statute of repose operates with respect to claims for indemnification in a…more
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DGI-Menard, Inc. v. Yonkers Contracting Co.

NY Decision Enforcing Pay-If-Paid Clause in Construction Contract

On motion for partial summary judgment, the trial court dismissed more than $1.5 million in unpaid retention and owner-caused delay claims asserted by plaintiff-subcontractor against defendant-general contractor on the ground…more
| Commercial Law & Contracts, Construction Law

CM Liability for Jobsite Safety: The Fine Line Between Managing the Work and Controlling It

When accidents occur on construction projects, construction managers often find themselves as defendants in personal injury lawsuits, even if they did not employ the injured worker. It is important for construction managers to…more
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DGI-Menard, Inc. v. Yonkers Contracting Co.

Reply Memo of law in support of partial summary judgment

Reply Memo of Law in support of motion for partial summary judgment to enforce contractual pay-if-paid clause…more
| Commercial Law & Contracts, Construction Law
DGI-Menard, Inc. v. Yonkers Contracting Co.

Memo of Law in Support of Motion for Partial Summary Judgment to Enforce Pay-if-Paid Clause

Memo of Law in support of motion for partial summary judgment to dismiss more than $1.5 million in unpaid retention and owner-caused delay claims asserted by plaintiff-subcontractor against defendant-general contractor on the…more
| Commercial Law & Contracts, Construction Law

Panasia Estates - Bad Faith Not Required For Consequential Damages

The New York Appellate Division, First Department, has ruled, in a further appeal of the Panasia Estates v. Hudson Ins. case that the Court of Appeals's decisions in Panasia v. Hudson and Bi-Economy v. Harleysville do not…more
| Commercial Law & Contracts, Insurance
Terrasan Environmental Solutions v. County of Bergen, et al.

Defendant's Brief in Opposition to Orders to Show Cause with Temporary Restraints

Bid protest actions brought on by orders to show cause by the first and second low bidders on a public construction project against the public letting entity and the third low bidder that was awarded the contract. The public…more
| Construction Law
Falcon Construction v. Federal Ins., et al.

Opinion Granting Motion for Non-Core Determination

Opinion by the NJ Bankruptcy Court finding that the debtor-subcontractor's adversary proceeding against the general contractor's payment bond sureties is a non-core proceeding…more
| Bankruptcy, Construction Law

Constitutional Due Process And Mechanics’ Liens: Do Public Mechanic’s Lien Laws Stand Up To The Challenge?

While the United States Supreme Court has not directly ruled on the constitutionality of mechanic's lien statutes, it has issued a series of decisions on the constitutionality of various pre- and post-judgment attachment…more
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New York’s Highest Court Rules That Insurance Companies May Be Liable For Extra-Contractual Damages For Failure To Pay Insurance Benefits

Explanation of decisions by the New York Court of Appeals in Bi-Economy and Panasia Estates…more
| Commercial Law & Contracts, Insurance
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Areas of Practice
  • Commercial Law & Contracts
  • Construction Law
  • Litigation
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