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Contractor Prevails Against Owner In Arbitration Successfully Arguing Modification Of The Contract Based Upon The Parties’ Course...

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

"Non-Essential" Construction Activities To Be Shut Down In New York Effective March 27, 2020

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

The Relevance Of The Spearin Doctrine In An Increasingly Design-Build World

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 Goes Into Effect On December 1st – WHAT YOU NEED TO KNOW

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

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