As discussed in our recent post, New York Lien Law § 19(6) provides a procedure for an expedited legal action seeking summary discharge (cancellation) of a mechanic’s lien. However, summary discharge is only available where there is a “facial defect” in a lien, such as identifying the wrong property owner or failing to properly
Construction
New Class of Certificate of Occupancy Coming Soon to NYC
By Aaron S. Brotman on
Posted in Construction
At the end of last year, the New York City Council voted to approve Intro. 2033, legislation which will create a new class of certificate of occupancy: the Interim Certificate of Occupancy (“ICO”). The Department of Buildings is permitted to begin issuing ICOs as early as mid-April. Like a Temporary Certificate of Occupancy (“TCO”),…
Written Change Order Requirements in Construction Contracts May be Waived
By Bradley P. Pollina on
Posted in Construction, Construction Contracts
A frequent topic of dispute in litigation involving construction projects is whether a subcontractor is entitled to payment for work it performs outside its contractual scope of work—often referred to as “extra work” or “change order work”—without obtaining a signed written change order to perform the work. The same issue often arises in the context…
Appellate Court Ruling Reinforces Narrow Avenue for Reducing Excessive Mechanic’s Liens
By Bradley P. Pollina on
Posted in Construction, Construction Liens
What recourse does an owner (or other aggrieved party, such as a general contractor who is contractually obligated to remove sub-contractors’ mechanic’s liens) have for removing a mechanic’s lien from the property on which it was filed?
One commonly used option is to procure and file a surety bond with the appropriate County Clerk’s Office,…
NYC DOB To Resume COVID Fines And Penalties
By Aaron S. Brotman on
Posted in Construction
The New York City Department of Buildings announced that starting Wednesday, July 8, 2020, it would resume issuing violations and penalties of $5,000.00 per violation with the potential for a Stop Work Order for sites which do not comply with the New York State Phase One Reopening procedures. Continued non-compliance will result if penalties of…