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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

Feb 08, 2019

A Quick Reminder on the Need to Prove Damages in New Jersey Construction Litigation

The New Jersey Appellate Division’s recent opinion in Professional Stone, Stucco & Siding Applicators, Inc. v. JMOC Builders, Inc., although not new, serves as a good reminder of what contractors need to do to prove damages in a breach of contract case.» Read More

Oct 08, 2018

LLCs: How Limited is Your Liability?

The New Jersey Legislature adopted the New Jersey Limited Liability Company Act in 1993 (the “1993 Act”)1 and thereby ushered in a new form of business enterprise: the limited liability company (LLC). The 1993 Act enabled business owners to “take advantage of both the limited liability afforded to shareholders and directors of corporations and the pass through tax advantages available to partnerships.”2 Thus, LLC Members reap the dual benefits of limited liability afforded to corporate shareholders and pass through tax advantages available to partnerships.» 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 25, 2018

I’m an Architect. What Can I Do to Protect Myself From Liability?

As an architect and design professional, you want your vision for what the client needs and wants to become a tangible reality.  My knowledge of architects arises not only from 30 years of practice in construction law, but from my experience at Columbia College, my alma mater, back in the early 80’s when I was a clerk at Avery Library – to many, the best architectural library in the country. » Read More

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