Tag: New York
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Public Agencies Slow Pay Contractors, Too
It shouldn’t be all that surprising to learn that public agencies slow pay contractors on public jobs. After all, slow payment is the (unfortunate) state of affairs in the construction industry.
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Filing New York Mechanics Liens On Leased Property
Mechanics liens and leased property have an interesting dynamic. Depending on a state’s laws, and depending on the property lessor’s role in the improvement, the project property may or may not be lienable. In some cases, the underlying property won’t be lienable, but the lessee’s lease itself might be liened. Regardless, it can be a nightmare to…
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Martin Scorsese’s Contractor Departed The Job Without Paying Their Supplier
Martin Scorsese is publicly battling a mechanics lien filed against his New York home after his contractor failed to make payments.
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A Contractor and an Equipment Supplier Filed Mechanics Liens On A Future Amazon Warehouse
Recently, liens were filed against an Amazon project in New York. Mechanics liens against major projects or big brands rarely make it to foreclosure, but they remain an effective tool.
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Specially Fabricated Materials and Mechanics Lien Rights – An Overview
If there’s one rule that remains consistent from state to state, it’s that labor or materials must be incorporated into the project for mechanics lien rights to arise. That is, unless you supply specially fabricated materials (we told you before – every state is different!). When these materials are incorporated into a project, there is little…
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Dealing With An Exaggerated New York Lien
Legislation is in place to protect against a willfully exaggerated New York lien, but a dispute over the amount will have to wait until trial.
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What’s The Deadline for New York Public Improvement Liens?
In a recent decision, a court determined that the deadline for New York public improvement liens might be controlled by the contract. The court allowed a claimant to refile a lien and gave no indication as to when lien rights might expire.
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Notice Provision In Prime Contract Prevents Subcontractor’s Breach Claim
Notice requirements for construction payment claims can make or break a party’s attempt at recovery. Sometimes notice requirements are relaxed, such as this claim under Tennessee Prompt Payment statutes. Other times strict compliance is required. In this New York case, Schindler Elevator Co. v. Tully Construction Co., a strict notice provision between the general contractor and New York’s Department of…
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New York Contractor Unintentionally Waives Claims
Working on a public project poses both benefits and drawbacks. On one hand, a contractor working with a government agency can expect a reliable property owner and some assurance of payment. On the other hand, contractors paid by public dollars may be subject to more public scrutiny, evidenced by the Fair Pay and Safe Workplaces…
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Three New York Liens May Stem From State Scheme
Three New York liens on a public project are calling for over $2.2M in payment. The liens very well could be a result of the uncollaborative payment system in the construction industry. However, SUNY Polytechnic Institute, which is involved in an investigation by federal prosecutors, is a party to the project. The Project It’s easy to forget…