Often, the performance by parties to a contract varies from the written terms and conditions of the contract in slight, immaterial ways. Occasionally, the parties’ performance, either individually or collectively, may vary...more
In a highly significant recent case, the New York City School Construction Authority (“SCA”) attempted to dismiss a subcontractor’s claims seeking nearly $2.9M in extra work and $2M in delay damages. However, the state court...more
The New York City Procurement Policy Board Rules (“PPB Rules”) provides precious little in the way of guidance with respect to matters related to the approval of subcontractors by NYC agencies. There is no process for the...more
As we write this alert, new legislation is in its final stages of becoming law in New York State, which will address the longstanding abuse of the substantial completion schedule milestone in project closeout.
Few words...more
Even after New York Governor Andrew M. Cuomo’s New York “PAUSE” program was replaced by the New York “FORWARD” program and its related executive orders (permitting both essential and non-essential projects to resume), many...more
On Friday, March 27, 2020, New York State issued a directive shutting down virtually all non-emergency construction work on projects not involving infrastructure, healthcare or other facilities contributing to public safety...more
Prior to the U.S. Supreme Court's decision in United States v. Spearin, 248 U.S. 132 (1918), virtually all construction risk was borne by the contractor, except for (i) express carve-outs set forth in a contract or (ii)...more
Local Law 196, mandating minimum safety training requirements for workers on construction sites in New York City was enacted in 2017 and was intended to be phased in between March 1, 2018 and December 1, 2018. Due to limited...more