Blog

Read our latest blog posts and insights.

Anthony Adams

November 9, 2021

Prevailing Rates for Private Work in 2022: Contractors Beware!

by Anthony Adams

For years New York’s prevailing wage law has required contractors performing public construction work to pay their workers union scale wages and fringes. Beginning January 1, 2022, that requirement will…

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Emily Uhlig

October 27, 2021

New York Raises the Bar for General Jurisdiction Over Foreign Corporations

by Emily Uhlig

When can an out-of-state corporation be sued in New York State?  New York’s highest court recently weighed in determining when courts have general jurisdiction over out-of-state corporations.  To bring a…

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Robert Yawman

September 15, 2021

Fixing the Damages in Advance: Recent Case Law Involving Liquidated Damages Provisions

by Robert Yawman

These pre-determined amounts, known as “liquidated damages”, commonly appear in real estate contracts, where the actual damages suffered from a breach are difficult to quantify. For example, a contract may…

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Erin Casey

June 14, 2021

Uniform Partition of Heirs Property Act in New York

by Erin Casey

Real estate litigators are probably aware of New York’s adoption of the Uniform Partition of Heirs Property Act (“UPHPA” or the “Act”) that became effective on December 6, 2019, and…

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Anthony Adams

May 11, 2021

Issues With Construction Contractors’ Warranties – Part 2

by Anthony Adams

A previous article cautions construction companies about “warranty” and “correction of work” provisions that may extend their warranty obligations well beyond the one- or two-year period that most contractors believe they’ve…

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Anthony Adams

April 20, 2021

Issues With Construction Contractors’ Warranty Obligations – Part 1

by Anthony Adams

Contractual warranty obligations can be an unexpected source of risk and expense for construction companies. The duration of typical warranties, the scope of many such warranties and the extent they…

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Dan Adams

April 15, 2021

Substantial Completion Bill Signed Into Law

by Daniel Adams

New York continues to provide legislation designed to speed up payment to contractors. Following on the heels of Prompt Pay Act, (albeit eleven years later) Governor Cuomo signed into law…

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Stacey Trien

April 1, 2021

Spring 2021 Update: Can Employers Mandate COVID-19 Vaccinations?

by Stacey Trien

Updated 4/1/2021 Now that vaccines have become more widely available, can employers require their employees to take COVID-19 vaccinations? Back in December 2020, I wrote a blog advising that it appeared that…

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Dan Adams

March 22, 2021

Notice of Default and Opportunity to Cure: Considerations and Limitations to Examine When a Contracting Party Fails to Uphold Its Part of the Contract

by Daniel Adams

The opportunity to cure is probably the most important consideration to make when faced with a contracting party whose performance has been unsatisfactory. The legal right to cure is a principle founded…

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