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…

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…

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…

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…

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…

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…

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…

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…

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…