
May 12, 2022
Recent Appellate Decisions Analyzing No-Damage-For-Delay Provisions
by Robert Yawman
It is no secret that construction projects frequently face delays. These delays lead to increased costs for contractors and subcontractors. As a result, construction contracts commonly include “no-damage-for-delay” provisions. These…

May 3, 2022
Daily Record: Stacey Trien named to the Power 20 List for Labor and Employment Attorneys
by The Daily Record
Partner Stacey Trien is among the 2022 Power 20 List for Labor and Employment Attorneys. The labor and employment attorneys on this list help companies navigate countless employment challenges…

December 20, 2021
Court of Appeals Decision Broadens Scope of Deceptive Business Practices Claims Under GBL § 349
by Erin Casey
New York General Business Law § 349(a) prohibits “deceptive acts or practices in the conduct or any business, trade or commerce or in the furnishing of any service.” To assert…

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…

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…

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…

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…

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…

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…