As of the end of July, there have been nearly 800 COVID-related lawsuits filed in New York.[1] While most do not involve personal injury, it may only be a matter of time before they do. This is especially true as businesses begin to re-open and allow customers back onto their premises – notwithstanding COVID’s
Contract, Construction, & Lien Law Blog - Paulose & Associates
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Open for business during COVID19? How to draft a release to protect a business.
As of the end of July, there have been nearly 800 COVID-related lawsuits filed in New York.
In New York, courts will not hesitate to enforce a release relieving a business from negligence claims. Releases are seen most often in voluntary activities, like sports and other entertainment. So long as the language of a release…
Do Architect's Certifications End Disputes About Contract Payments?
We wish it were so easy. Last month, in a New York County Supreme Court case, the judge held that they don’t. Jerrick Assoc. v. Rudd Realty (NY County Supreme Court April 15, 2020). This is correct, but only if the contract says they don’t. Otherwise, they should end any dispute about whether money is…
Do Architect's Certifications End Disputes About Contract Payments?
We wish it were so easy. Last month, in a New York County Supreme Court case, the judge held that they don’t. Jerrick Assoc. v. Rudd Realty (NY County Supreme Court April 15, 2020). This is correct, but only if the contract says they don’t. Otherwise, they should end any dispute about whether money is…
Lost Profits and the Exaggerated Lien
Last month, the State Supreme Court sitting in New York County issued a decision reminding contractors not to include items other than labor and material in mechanic’s liens. GPK 31-19 LLC v L&L Constr. Dev. Inc., 2020 N.Y. Misc. LEXIS 1620 (NY County April 23, 2020). In the decision, which dealt with a developer suing…
Lost Profits and the Exaggerated Lien
Last month, the State Supreme Court sitting in New York County issued a decision reminding contractors not to include items other than labor and material in mechanic’s liens. GPK 31-19 LLC v L&L Constr. Dev. Inc., 2020 N.Y. Misc. LEXIS 1620 (NY County April 23, 2020). In the decision, which dealt with a developer suing…
After I Obtain a Bond on a Lien, What do I do?
· Hire a lawyer and file the bond in Court, but only if you used an out of state insurer.
NY Lien law section 19(4) was amended in 2003 to allow the transfer of a mechanic’s lien to a bond without a court order. “Under the prior statute, the discharge of a mechanic’s lien by…
After I Obtain a Bond on a Lien, What do I do?
· Hire a lawyer and file the bond in Court, but only if you used an out of state insurer.
NY Lien law section 19(4) was amended in 2003 to allow the transfer of a mechanic’s lien to a bond without a court order. “Under the prior statute, the discharge of a mechanic’s lien by…
What’s one way to get rid of a mechanic’s lien?
· Attack service of the lien.Pursuant to Lien Law §11, for a mechanic’s lien on property to be valid, it must be served properly. There are only three ways to serve such a lien:
1. by personally serving the property owner; or
2. by leaving it with a person of suitable age and discretion at…
What’s one way to get rid of a mechanic’s lien?
· Attack service of the lien.Pursuant to Lien Law §11, for a mechanic’s lien on property to be valid, it must be served properly. There are only three ways to serve such a lien:
1. by personally serving the property owner; or
2. by leaving it with a person of suitable age and discretion at…