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
Construction
The Difficulty of Cancelling an Untimely New York Mechanic’s Lien
By Bradley P. Pollina on
Posted in Construction, Construction Liens
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…
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,…