Arbitration Clause Not “Incorporated By Reference”
Rare is the subcontract that does not expressly “incorporate by reference” the terms of the prime contract....
Another Insurance Claim Bites the Dust: “Construction Management For a Fee”
A construction manager that purchased a general liability insurance policy containing an endorsement with a...
Overreaching In Tough Indemnity Clause Proves Costly
Trying to draft the toughest indemnity clause you can think of might backfire.
Another Trap For Home Improvement Contractors
In a case of first impression, a court in Suffolk County holds that a licensed home improvement contractor ...
Unsatisfactory Performance Leads To Finding Of Non-Responsibility
The court upholds the decision of the Suffolk County Water Authority which found a low bidder to be non-res...
“Leapfrogging”--Owner Direct Payment To A Subcontractor
Direct payment by an owner to a subcontractor holds a number of benefits for each party.
New York Court of Appeals Sets Forth New Rule on Cross-Racial Identification Jury Instructions
Recently, the New York Court of Appeals recognized the
No Contract? No Problem. Condo Unit Owners Can Still Sue Architect
Bucking a trend to the contrary, a recent decision finds condo unit owners can sue an architect for constru...