Is this you? As a journalist, you can create a free Muck Rack account to customize your profile, list your contact preferences, and upload a portfolio of your best work.
Claim your profile
Articles by Aaron S. Brotman
UPDATE: NYC DOB Implements Changes to Sidewalk Shed Rules | JD Supra
As we discussed in in a previous post here, the New York City Council passed ordinances last year with the intention of reducing the amount of sidewalk sheds that cover the City, particularly Manhattan. This month, the Department of Buildings (“DOB”) issued a Service Notice explaining some of the changes in some of the bills passed by New York City Council last spring.
NYC City Council Takes Steps to Reduce Impact of Sidewalk Sheds | JD Supra
Our last post described the changes driven by the New York City Council in its effort to reduce the number and duration of sidewalk sheds found across the city. In addition to the sheer number of sheds in place at any given time, their appearance has long been a point of contention. The Council is taking efforts to combat this by its own specific changes in the law and by directing the Department of Buildings (“DOB”) to promulgate its own rules.
NYC City Council Takes Aim at Overabundance of Sidewalk Sheds | JD Supra
That New York City, in particular Manhattan, is awash in sidewalk sheds is news to no one. This spring, the New York City Council passed several new bills with the intention of curtailing the number of sheds, as more than 8,400 shed structures can be found across New York City at the moment. The Council’s focus in these new bills is primarily on changing the requirements of Façade Inspection and Safety Program (also known and referred to as Local Law 11) and tightening shed renewal requirements.
Blogs | Environmental Coming This Summer! NJDEP’s New Climate Regulations Will Affect More Than The Jersey Shore | JD Supra
The New Jersey commercial real estate industry is preparing for big statewide permitting changes slated to come into effect this summer. Under its controversial Resilient Environments and Landscapes (“REAL”) Rule, aimed to address risks associated with projected sea level rise and increased frequency and severity of flooding events, the New Jersey Department of Environmental Protection (“NJDEP”) seeks to impose significant new stormwater and other requirements on many projects.
New York City Council Approves Final City of Yes Housing Opportunity Element | JD Supra
New York City has taken what it intends to be a significant step toward addressing its housing crisis with the City Council’s December 5, 2024, approval of the third, and final, element of Mayor Adams’ City of Yes housing and zoning reform plan.
More NYC Projects To Be Classified As Major Projects, Expanding Safety Oversight Requirements | JD Supra
Effective December 11, 2024, the definition of a “major project” will expand from any project that is 10 or more stories or at least 125’ tall to include any project that is 7 or more stories or 75’ tall. [1] This change is the result of Local Law No. 147 passed in 2021 by the City Council coming into effect 3 years later and will be effective for any permit issued or renewed after December 11, 2024.
City of Yes Proposal Offers Increased Housing Development Opportunities | JD Supra
For over a year now, the City of Yes (“CoY”) zoning update, which aims to bring back more flexibility and density in development across the City, has been a hot topic of conversation in the New York City development sphere. The City Planning Commission recently approved the plan, bringing CoY one step closer to taking New York City’s zoning requirements into the future. The CoY plan will next go the City Counsel, where a decision is expected in the near future.
A Good Neighbor: Obligations of the Neighboring Property Owner to a Development Site in NYC | JD Supra
September 13, 2024 To embed, copy and paste the code into your website or blog: Simply owning property in New York City likely means that, at some point – more than once – a neighbor will need to access your property to protect it during development or maintenance work taking place at its adjacent property. While it is clear that the developing/maintaining property owner is required to protect its neighbors, you as the neighboring property owner have certain obligations, as well.
New Jersey's Prompt Payment Act: Construction Contract Considerations for Developers and Owners
New Jersey’s Prompt Payment Act, N.J.S.A. 2A:30A-1 and 2 (Act), gives important rights to contractors and other parties who provide services or materials to construction projects in their quest for prompt payment. The Act also places heavy burdens on project developers and owners, requiring them to take certain actions by strict deadlines at the risk of waiving their right to dispute amounts claimed to be owed for construction work.
How to Prepare for the Growing Prevalence of Modular Construction Original
Modular construction is not simply tract and pre-fabricated homes, but a growing portion of all sectors of the permanent construction industry, from multi-family to industrial to commercial. According to the Modular Building Institute, as noted in its 2023 “Permanent Modular Construction Report,” permanent modular construction exceeded $12 billion in North America in 2022—approximately 6% of all new construction—nearly tripling its share of 2.14% in 2015.
New York Amends Its Law on Withholding of Retainage and Final Invoicing on Private Construction Projects | JD Supra
December 5, 2023 Aaron Brotman, Brian Gardner, Adam Sklar Cole Schotz + Follow x Following x Following - Unfollow Contact To embed, copy and paste the code into your website or blog: On November 17, 2023, Governor Hochul signed a bill placing significant restrictions on the amount of retainage that can be withheld from contractors and subcontractors, and permitting the earlier submission of final billing for work performed on private projects in New York.
NYC To Require Annual Parapet Inspections Come 2024 | JD Supra
Yasaman Mahdi co-authored this blog. She is currently a law clerk at Cole Schotz P.C. As of January 1, 2024, New York City will require that all building parapets facing the public right-of-way undergo an annual inspection by a “competent person.” The stated purpose of the mandate is to maintain the city’s architectural integrity and to ensure the safety of NYC residents and visitors. WHO WILL THIS AFFECT?
Clarifying Section 881: New York State may Soon Provide more Guidance on Neighbor Access Agreements | JD Supra
When performing work on your property, there is often a need to access a neighbor’s property. This is nothing new. However, under the current scheme, there is no framework for whether that access is obtained through a negotiated agreement or through a lawsuit. Additionally, the result in terms of both access and costs varies wildly and is difficult to ascertain at the start of a project.
Is Your Contract Ready for the Ongoing Impact of COVID? | JD Supra
The COVID-19 pandemic has lasted two years, and while offices, projects, and the rest of life begin to return to pre-pandemic normal, the construction material supply chain and costs have not. In fact, it appears as though the impact on projects of material costs and delivery difficulties will be an issue going forward for the foreseeable future. But do you know what will happen on your project if and when material prices increase? How are material delays dealt with?
Vaccine Mandate Puts Enforcement on NYC Employers | JD Supra
A universal vaccine mandate comes to New York employers courtesy of New York City’s Department of Health and Mental Hygiene. Compliance in Your Office Effective this week, in accordance with the Commissioner of the New York City Department of Health and Mental Hygiene’s December 13, 2021 Order, all private employers with employees or workplaces in New York City may not permit any employee to come to a worksite in NYC unless that employee shows proof of at least their first COVID-19 vaccination.
New York Wage Theft Law Promises Major Change for Contractors | JD Supra
New York’s new wage theft law – expected to have a major impact on the construction industry state-wide – goes into effect on January 4, 2022 and will apply to contracts executed, modified, extended, or renewed from that date forward. Most notably, the law will impose (a) greater liability risk on prime contractors, and (b) reporting requirements on subcontractors.
New Jersey Development Incentives Making a Comeback | JD Supra
Development incentives are nothing new in New Jersey. In fact, they have been part of the state’s process for attracting businesses for many years. However, when the 2013 Economic Opportunity Act was allowed to expire in July of 2019, no such programs were available for businesses moving to the state. Many were left wondering what, if anything, would take the place of the Grow NJ program or the Economic Redevelopment and Growth (”ERG”) grants.
Vaccination Requirements Put Trades in the Middle but Path Forward is Clear | JD Supra
The construction industry, like many others, was hit hard by the COVID-19 pandemic. As the industry adjusts to the new normal, not everyone is on the same page. Many project owners, rather than risk site shutdowns and potential inefficiencies from social distancing, are beginning to require that all project site personnel show proof of vaccination in order to work on site.
NY Contractors Face Increased Liability And Administrative Costs From Proposed Amendments To Wage Theft Prevention Act | JD Supra
The State of New York is poised to pass wage theft legislation that could have a major impact on the construction industry across the state. Among other things, it would impose greater liability risk on prime contractors and reporting requirements on subcontractors. The bill, S2766-C, adds a new section to NY Labor Law § 198. The bill has already passed the State Senate and Assembly and is set to be signed by Governor Cuomo.
NY Contractors Face Increased Liability and Administrative Costs from Proposed Amendments to Wage Theft Prevention Act
The State of New York is poised to pass wage theft legislation that could have a major impact on the construction industry across the state. Among other things, it would impose greater liability risk on prime contractors and reporting requirements on subcontractors. The bill, S2766-C, adds a new section to NY Labor Law § 198. The bill has already passed the State Senate and Assembly and is set to be signed by Governor Cuomo.
New Class Of Certificate Of Occupancy Coming Soon To NYC | JD Supra
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”), an ICO will be available for portions of a project which are deemed safe for occupancy even though the remainder of the project has not been completed.
NYC DOB To Resume COVID Fines And Penalties | JD Supra
The New York City Department of Buildings announced that starting Wednesday, July 8, 2020, it would resume issuing violations and penalties of $5,000.00 per violation with the potential for a Stop Work Order for sites which do not comply with the New York State Phase One Reopening procedures. Continued non-compliance will result if penalties of up to $10,000 for each offense and are more likely to receive a Stop Work Order.
NYC DOB To Resume COVID Fines And Penalties
The New York City Department of Buildings announced that starting Wednesday, July 8, 2020, it would resume issuing violations and penalties of $5,000.00 per violation with the potential for a Stop Work Order for sites which do not comply with the New York State Phase One Reopening procedures. Continued non-compliance will result if penalties of up to $10,000 for each offense and are more likely to receive a Stop Work Order.
New York Set To Advance To Next Phases In Reopening Plan | JD Supra
On Wednesday, June 17, 2020 New York Governor Andrew Cuomo announced that New York City, the Mid-Hudson Region, and Long Island are all expected to move forward an additional level under the State’s reopening plan within the next week. Currently, New York City is in Phase One, and the Mid-Hudson and Long Island are in Phase Two. Per the Governor, New York City will advance to Phase Two on Monday, June 22, 2020.
NYC Resumes Full Construction As Focus Turns To Jobsite Safety And Disease Control | JD Supra
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.
New York State Gears Up To Full Construction Reopening | JD Supra
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.
Cuomo Extends NY “Pause”, Opens Up Phase 1 In Certain Upstate Regions | JD Supra
On Thursday, May 14, 2020, New York Governor Andrew Cuomo issued Executive Order 202.31, which extended the “PAUSE” for non-essential gatherings and in-person conduct of non-essential businesses through May 28, 2020. The Governor cited the expected continued increase in cases and transmission of COVID-19, in contrast to New Jersey where Governor Phil Murphy recognized the efforts and success in limiting the disease, to justify the extension of the emergency orders already in place.
Cuomo Extends NY “Pause”, Opens Up Phase 1 in Certain Upstate Regions
On Thursday, May 14, 2020, New York Governor Andrew Cuomo issued Executive Order 202.31, which extended the “PAUSE” for non-essential gatherings and in-person conduct of non-essential businesses through May 28, 2020. The Governor cited the expected continued increase in cases and transmission of COVID-19, in contrast to New Jersey where Governor Phil Murphy recognized the efforts and success in limiting the disease, to justify the extension of the emergency orders already in place.
Murphy Turns Up “Dimmer Switch” And Re-Opens NJ Construction | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Murphy Turns Up “Dimmer Switch” And Re-Opens NJ Construction
New Jersey Governor Phil Murphy signed Executive Order #142 on Wednesday, May 13, 2020, permitting suspended non-essential construction projects to resume starting, Monday, May 18, 2020 at 6:00 a.m. In his briefing this afternoon, Governor Murphy commended the efforts and progress the State has made to date against the spread and impact of the COVID-19 pandemic.
Tri-State Contractors Beware: Construction Is Not Equal In New York, New Jersey And Connecticut | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
NYC DOB Guidance Is Now In Line With State | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
NYC DOB Guidance is Now in Line with State
In new guidance issued by the New York City Department of Buildings brings their stated policies in line with latest guidance from Empire State Development. Three basic categories of construction are permitted to continue: (1) Essential Construction; (2) Emergency Construction; and (3) local government work, which is subject to individual determination by the appropriate City agency.
Understanding And Protecting Your Rights For Schedule Impacts On An Active Jobsite During A Pandemic | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Managing Coronavirus Risk On An Active Jobsite | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Understanding and Protecting Your Rights for Schedule Impacts on an Active Jobsite During a Pandemic
In addition to undertaking on-site mitigation efforts, the coronavirus pandemic presents questions and issues to overcome from a project management perspective. Management staff must remain focused on communicating with their teams, up and down the chain of contracts, and, of course, keep the flow of money going. Even for projects which continue, ensuring that site personnel work safely and minimize infection risk necessarily slows progress on the site.
New Jersey Follows New York’s Lead In Limiting Construction To “Essential” Projects | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
New Jersey Follows New York’s Lead in Limiting Construction to “Essential” Projects
Earlier this week, on Monday, we had reported that New Jersey was allowing, subject to proper distancing and safety measures, all construction projects within the State to proceed “as usual,” but that we believed New Jersey might ultimately follow New York’s lead after New York recently limited what it considered to be “essential” construction services in light of the continued spread of the coronavirus. Yesterday, New Jersey did just that.
NYC DOB Provides Guidance On Permitted Construction, Narrows Affordable Housing Exception | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
NYC DOB Offers Guidance On Affordable Housing As To Essential vs Non-Essential Project | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
NYC DOB Provides Guidance on Permitted Construction, Narrows Affordable Housing Exception
In March of this year, New York State issued restrictions on the operation of all businesses, providing some exceptions for businesses viewed as “essential.” Construction services were included as “essential.” Later in the month, seemingly in response to public outcry, the State narrowed the scope of permitted construction services. See our earlier blog here.
NYC DOB Tells Contractors How To Safely Wind Down Construction Sites | JD Supra
As a result of the "stop work order" on construction in New York State, many projects are now being suspended. In shutting down, it is crucial that the workforce and the public are protected. The Department of Buildings (DOB) offered guidance on how to do that, and what is required for a suspended project, in Buildings 2020-004.
NYC DOB Tells Contractors How to Safely Wind Down Construction Sites
As a result of the “stop work order” on construction in New York State, many projects are now being suspended. In shutting down, it is crucial that the workforce and the public are protected. The Department of Buildings (DOB) offered guidance on how to do that, and what is required for a suspended project, in Buildings Bulletin 2020-004.
NYC DOB Offers Guidance on Affordable Housing as to Essential vs Non-Essential Project
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 under the affordable housing exception to the state-wide stop work order.
Is Your Force Majeure Or Unavoidable Delay Notice Ready? | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Is Your Force Majeure or Unavoidable Delay Notice Ready?
As the novel coronavirus, known as COVID-19, and the associated illness spreads around the world and the number of confirmed cases in the United States rises, disruptions to construction projects are inevitable.
Show More
loading
Actions
Is this you?
As a journalist, you can create a free Muck Rack account to customize your profile, list your contact preferences, and upload a portfolio of your best work.Get in touch with Aaron S.
Contact Aaron S., search articles and posts on X, monitor coverage, and track replies from one place.
Learn more about Muck Rack