Good News for Adams Leclair Construction Clients
August 14, 2023
Summer 2023 has brought good news for several Adams Leclair construction clients, in the form of very favorable Court rulings.
- One of Adams Leclair’s longstanding clients was successful after trial in obtaining an award of $1.6 million, plus interest, against several defendants which were found to have diverted trust funds under New York’s Lien Law. Four of the defendants were held liable for the full amount of the $1.6 million diversion. Another was held liable for more than $400,000 in funds improperly received.
- Another construction client prevailed on appeal when the Appellate Division, Fourth Department, ruled that all claims against it must be dismissed on summary judgment, and without a trial. The Plaintiff, a subcontractor to Adam Leclair’s client, had claimed that it was entitled to additional compensation because the site conditions differed from those anticipated at the time of the contract. The Court ruled as a matter of law that no additional compensation was due, and dismissed all of the subcontractor’s claims, based on an “acceptance of risk” clause in the subcontract. The Court also agreed with Adams Leclair’s argument that the subcontractor’s failure to file a notice of pendency was fatal to any claims under the New York Lien Law.
- Yet another Adams Leclair client, who was excluded from bidding on a County public work because it had provided some pre-bid advice to the County’s design professionals, succeeded in obtaining an injunction requiring the County to rebid the project and to permit the client to participate in the bidding.
- Finally, in another recent case the Appellate Division confirmed dismissal of claims against an Adams Leclair client-contractor that was based on allegedly uncontrolled storm water discharges.
Adams Leclair regularly advises businesses in the construction industry on a variety of issues, including contract negotiations, disputes and claims, bid issues and government compliance issues. Adams Leclair’s Construction Practice Group includes attorneys Tony Adams, Paul Leclair, Richard Bell, Dan Adams, and Stacey Trien.