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A Good Neighbor: Obligations of the Neighboring Property Owner to a Development Site in NYC

Simply owning property in New York City likely means that, at some point – more than once – a neighbor will need to access your property to protect it during development or maintenance work taking place at its adjacent...more

New York Amends Its Law on Withholding of Retainage and Final Invoicing on Private Construction Projects

On November 17, 2023, Governor Hochul signed a bill placing significant restrictions on the amount of retainage that can be withheld from contractors and subcontractors, and permitting the earlier submission of final billing...more

NYC To Require Annual Parapet Inspections Come 2024

As of January 1, 2024, New York City will require that all building parapets facing the public right-of-way undergo an annual inspection by a “competent person.” The stated purpose of the mandate is to maintain the city’s...more

Clarifying Section 881: New York State may Soon Provide more Guidance on Neighbor Access Agreements

When performing work on your property, there is often a need to access a neighbor’s property. This is nothing new. However, under the current scheme, there is no framework for whether that access is obtained through a...more

Is Your Contract Ready for the Ongoing Impact of COVID?

The COVID-19 pandemic has lasted two years, and while offices, projects, and the rest of life begin to return to pre-pandemic normal, the construction material supply chain and costs have not. In fact, it appears as though...more

Vaccine Mandate Puts Enforcement on NYC Employers

A universal vaccine mandate comes to New York employers courtesy of New York City’s Department of Health and Mental Hygiene. Compliance in Your Office- Effective this week, in accordance with the Commissioner of the New...more

New York Wage Theft Law Promises Major Change for Contractors

New York’s new wage theft law – expected to have a major impact on the construction industry state-wide – goes into effect on January 4, 2022 and will apply to contracts executed, modified, extended, or renewed from that date...more

New Jersey Development Incentives Making a Comeback

Development incentives are nothing new in New Jersey. In fact, they have been part of the state’s process for attracting businesses for many years. However, when the 2013 Economic Opportunity Act was allowed to expire in July...more

Vaccination Requirements Put Trades in the Middle but Path Forward is Clear

The construction industry, like many others, was hit hard by the COVID-19 pandemic. As the industry adjusts to the new normal, not everyone is on the same page. Many project owners, rather than risk site shutdowns and...more

NY Contractors Face Increased Liability And Administrative Costs From Proposed Amendments To Wage Theft Prevention Act

The State of New York is poised to pass wage theft legislation that could have a major impact on the construction industry across the state. Among other things, it would impose greater liability risk on prime contractors and...more

New Class Of Certificate Of Occupancy Coming Soon To NYC

At the end of last year, the New York City Council voted to approve Intro. 2033, legislation which will create a new class of certificate of occupancy: the Interim Certificate of Occupancy (“ICO”). The Department of Buildings...more

NYC DOB To Resume COVID Fines And Penalties

The New York City Department of Buildings announced that starting Wednesday, July 8, 2020, it would resume issuing violations and penalties of $5,000.00 per violation with the potential for a Stop Work Order for sites which...more

New York Set To Advance To Next Phases In Reopening Plan

On Wednesday, June 17, 2020 New York Governor Andrew Cuomo announced that New York City, the Mid-Hudson Region, and Long Island are all expected to move forward an additional level under the State’s reopening plan within the...more

NYC Resumes Full Construction As Focus Turns To Jobsite Safety And Disease Control

On Monday, June 8, 2020, unrestricted construction resumed in New York City. Even projects considered non-essential or otherwise exempted can restart. However, this does not mean that a project can simply forge ahead without...more

New York State Gears Up To Full Construction Reopening

On May 31, 2020, following Governor Andrew Cuomo’s issuance of Executive Order 202.35 on Friday, May 26, 2020, New York’s Empire State Development (“ESD”) updated its guidelines for construction projects across the state...more

Cuomo Extends NY “Pause”, Opens Up Phase 1 In Certain Upstate Regions

On Thursday, May 14, 2020, New York Governor Andrew Cuomo issued Executive Order 202.31, which extended the “PAUSE” for non-essential gatherings and in-person conduct of non-essential businesses through May 28, 2020...more

Murphy Turns Up “Dimmer Switch” And Re-Opens NJ Construction

New Jersey Governor Phil Murphy signed Executive Order #142 on Wednesday, May 13, 2020, permitting suspended non-essential construction projects to resume starting, Monday, May 18, 2020 at 6:00 a.m. In his briefing this...more

Tri-State Contractors Beware: Construction Is Not Equal In New York, New Jersey And Connecticut

Since first issuing declarations of emergency in early March, the Governors of New York, New Jersey and Connecticut have been coordinating their COVID-19 response measures fairly closely, in recognition of the physical...more

NYC DOB Guidance Is Now In Line With State

In new guidance issued by the New York City Department of Buildings brings their stated policies in line with latest guidance from Empire State Development. Three basic categories of construction are permitted to continue:...more

Understanding And Protecting Your Rights For Schedule Impacts On An Active Jobsite During A Pandemic

In addition to undertaking on-site mitigation efforts, the coronavirus pandemic presents questions and issues to overcome from a project management perspective. Management staff must remain focused on communicating with their...more

Managing Coronavirus Risk On An Active Jobsite

As we have described in our blog posts, construction in New Jersey and New York is curtailed, but all ongoing projects face the same practical issues. No matter where your project is, on-site the current circumstances present...more

New Jersey Follows New York’s Lead In Limiting Construction To “Essential” Projects

Earlier this week, on Monday, we had reported that New Jersey was allowing, subject to proper distancing and safety measures, all construction projects within the State to proceed “as usual,” but that we believed New Jersey...more

NYC DOB Provides Guidance On Permitted Construction, Narrows Affordable Housing Exception

In March of this year, New York State issued restrictions on the operation of all businesses, providing some exceptions for businesses viewed as “essential.” Construction services were included as “essential.” Later in the...more

NYC DOB Offers Guidance On Affordable Housing As To Essential vs Non-Essential Project

On March 30, 2020, the New York City Department of Buildings (DOB) offered guidance on what “Essential” construction means for a project with an affordable housing component under the updated Empire State Development...more

NYC DOB Tells Contractors How To Safely Wind Down Construction Sites

As a result of the “stop work order” on construction in New York State, many projects are now being suspended. In shutting down, it is crucial that the workforce and the public are protected. The Department of Buildings (DOB)...more

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