Construction contracts generally outline various scenarios in which a party can terminate the contract.  In one common scenario, a contractor is permitted to terminate its subcontractor “for cause” if the subcontractor provides deficient work or fails to meet the project schedule.  Contracts often describe this type of deficiency as a “failure or neglect to carry

The construction industry, like many others, was hit hard by the COVID-19 pandemic. As the industry adjusts to the new normal, not everyone is on the same page.

Many project owners, rather than risk site shutdowns and potential inefficiencies from social distancing, are beginning to require that all project site personnel show proof of vaccination

Summer associate, Luke Alba, contributed to this article.

Dispute resolution provisions providing for mediation as a prerequisite to arbitration are standard in AIA construction contracts. Parties may nonetheless mutually agree to eliminate or waive those provisions and proceed directly to arbitration.  Often, however, settlement discussions will ensue during the arbitration as costs begin to mount

The State of New York is poised to pass wage theft legislation that could have a major impact on the construction industry across the state. Among other things, it would impose greater liability risk on prime contractors and reporting requirements on subcontractors.

The bill, S2766-C, adds a new section to NY Labor Law §

The typical arrangement on most construction projects is that the property owner or developer engages the services of a general contractor or construction manager, which in turn subcontracts the work out to the various trades pursuant to a number of subcontracts.  Under this standard arrangement, subcontractors seeking payment for their work are generally limited to