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
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…
NYC Resumes Full Construction as Focus Turns to Jobsite Safety and Disease Control
By Aaron S. Brotman on
Posted in Construction
On Monday, June 8, 2020, unrestricted construction resumed in New York City. Even projects considered non-essential or otherwise exempted can restart. However, this does not mean that a project can simply forge ahead without thought or consideration. The State of New York , the New York City Department of Buildings, the Occupational Safety and…
New York State Gears Up To Full Construction Reopening
By Aaron S. Brotman on
Posted in Construction
On May 31, 2020, following Governor Andrew Cuomo’s issuance of Executive Order 202.35 on Friday, May 26, 2020, New York’s Empire State Development (“ESD”) updated its guidelines for construction projects across the state.
Construction is a Phase One industry, and while certain parts of the State have already entered Phase One of recovery/reopening, New…
NYC DOB Offers Guidance on Affordable Housing as to Essential vs Non-Essential Project
By Brian L. Gardner & Aaron S. Brotman on
Posted in Construction
On March 30, 2020, the New York City Department of Buildings (DOB) offered guidance on what “Essential” construction means for a project with an affordable housing component under the updated Empire State Development guidelines issued on Friday, March 27, 2020 under Governor Cuomo’s Executive Order 202.6. The DOB offered clarity on whether a project qualifies…