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Subcontractors

Jun 27, 2019

A Mechanic’s Lien Filed Against a Co-op Building May be Enforceable

Under New York State’s Lien Law, a contractor or subcontractor can file a mechanic’s lien for an unpaid balance due on labor and materials provided to improve real property, such as a co-op unit owner’s apartment. As a result, because the real property to be subjected to a mechanic’s lien is the underlying property – the building as a whole – and not just the individual unit, co-op boards become entangled in the disputes regardless of the fact that the work wasn’t done in any common areas, but within individual apartments.» Read More

Apr 09, 2018

I’m a Contractor in New York and Haven’t Been Paid, but My Contract Says I Can’t Suspend Performance Due to Non-Payment: Do I Have to Keep Performing Work?

If you have ever been involved in a construction project, you have probably dealt with a payment dispute. Often, when a construction contractor hasn’t been paid, his or her only leverage is to “stop the bleeding” by suspending work until they have been paid. » Read More

Apr 02, 2018

What is the New York Prompt Payment Act and Can it Help Me Get Paid?

In 2003, the New York legislature enacted the Prompt Payment Act (PPA), set forth in sections 756-758 of Article 35-E of the General Business Law, in an effort to facilitate and expedite payment disputes between owners and contractors and between contractor and subcontractors on certain private commercial construction projects. » Read More

Jan 15, 2018

Is The Pay-If-Paid Or Pay-When-Paid Clause In My New York Construction Contract Enforceable?

Many subcontractors receive standard form contracts from contractors and have little opportunity to negotiate the terms of the contract.  Often, these standard form contracts include a “pay if paid” or “pay when paid” contract clause.  What are these clauses? Are they enforceable under New York Law?» Read More

Aug 01, 2017

What Is The NJ Prompt Payment Act And Can It Help Me Get Paid?

In 2006, New Jersey enacted the “Prompt Payment Act,” codified at N.J.S.A. 2A:30A-1, et seq. (the “PPA”).  The PPA establishes timelines for payment of invoices or requisitions submitted to both private and public entities and provides a remedy for general contractors and subcontractors when payment is wrongfully withheld by an upper-tier contractor or owner.» Read More

Jun 21, 2017

Help! I’m a subcontractor who is owed money in a commercial project and the general contractor just filed for bankruptcy – IS IT TOO LATE TO LIEN THE JOB?

In many construction projects, subcontractors and materialmen are paid later than they want to be paid and later than the terms of their contract or purchase order.  Subcontractors hear from the general contractors that “you’ll get paid when I get paid.”  Subcontractors are also frequently cautioned not to file liens because that will  “stop the flow of money” and further delay payment.  » Read More

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