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Articles by Bradley P. Pollina
When Is an Appeal Bond 'Enough'?
The interplay between CPLR 5519(a)(2) and post-judgment interest presents a classic example of statutory silence colliding with practical reality.
Practical Strategies for Protecting the Flow of Construction License Fees
Construction site in New York. Photo: Ryland West/ALM Construction in New York City is often a tight squeeze. Given the density of development, developers frequently require access to neighboring properties to ensure their protection during a construction project.
New York Significantly Expands Application of Prevailing Wage Requirements
On January 1, 2022, an expansion of prevailing wage law in New York will become effective. The new law will significantly increase the universe of construction projects subject to prevailing wage requirements. In brief, when a project is subject to prevailing wage requirements, workers must be paid set hourly wage rates and hourly benefit amounts as determined by the fiscal officer of each New York county.
New York Significantly Expands Application of Prevailing Wage Requirements | JD Supra
On January 1, 2022, an expansion of prevailing wage law in New York will become effective. The new law will significantly increase the universe of construction projects subject to prevailing wage requirements. In brief, when a project is subject to prevailing wage requirements, workers must be paid set hourly wage rates and hourly benefit amounts as determined by the fiscal officer of each New York county.
Project Owners and General Contractors Take Note: Notice-to-Cure Provisions for Termination of Construction Contracts Cannot Be Disregarded Except in “Very Limited and Rare” Circumstances | Cole Schotz - JDSupra
Construction contracts generally outline various scenarios in which a party can terminate the contract. In one common scenario, a contractor is permitted to terminate its subcontractor “for cause” if the subcontractor provides deficient work or fails to meet the project schedule. Contracts often describe this type of deficiency as a “failure or neglect to carry out the work in accordance with the subcontract.” Similar provisions are found in contracts between owners and general contractors.
Owner Liability To Construction Subcontractors In Contract Or Quasi-Contract | JD Supra
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 recovering funds from the general contractor or construction manager, as that is the party they contracted with.
Owner Liability to Construction Subcontractors in Contract or Quasi-Contract
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 recovering funds from the general contractor or construction manager, as that is the party they contracted with.
The Difficulty Of Cancelling An Untimely New York Mechanic’s Lien | JD Supra
As discussed in our recent post, New York Lien Law § 19(6) provides a procedure for an expedited legal action seeking summary discharge (cancellation) of a mechanic’s lien. However, summary discharge is only available where there is a “facial defect” in a lien, such as identifying the wrong property owner or failing to properly describe the property against which a lien is claimed. Otherwise, all challenges to a lien generally must be brought in the context of a lien foreclosure action.
WARN Act Update: Amount Of Notice Provided For Pandemic-Related Mass Layoffs Subject To Close Judicial Scrutiny | JD Supra
The Federal Worker Adjustment and Retraining Notification Act (“WARN Act”) generally requires large employers to provide 60 days’ advance notice to employees before instituting a “plant closing” or “mass layoff” affecting 50 or more people at a single site of employment. However, there are various other provisions of the WARN Act that relax this notice requirement under certain circumstances.
WARN Act Update: Amount of Notice Provided for Pandemic-Related Mass Layoffs Subject to Close Judicial Scrutiny
The Federal Worker Adjustment and Retraining Notification Act (“WARN Act”) generally requires large employers to provide 60 days’ advance notice to employees before instituting a “plant closing” or “mass layoff” affecting 50 or more people at a single site of employment. However, there are various other provisions of the WARN Act that relax this notice requirement under certain circumstances.
Written Change Order Requirements In Construction Contracts May Be Waived | JD Supra
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 of change orders and directives issued from the owner to the general contractor.
Written Change Order Requirements in Construction Contracts May be Waived
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 of change orders and directives issued from the owner to the general contractor.
Appellate Court Ruling Reinforces Narrow Avenue For Reducing Excessive Mechanic’s Liens | JD Supra
What recourse does an owner (or other aggrieved party, such as a general contractor who is contractually obligated to remove sub-contractors’ mechanic’s liens) have for removing a mechanic’s lien from the property on which it was filed? One commonly used option is to procure and file a surety bond with the appropriate County Clerk’s Office, in the amount of 110% of the amount of the lien. The posting of a discharge bond removes the lien from the property and attaches the lien to the bond.
Appellate Court Ruling Reinforces Narrow Avenue for Reducing Excessive Mechanic’s Liens
What recourse does an owner (or other aggrieved party, such as a general contractor who is contractually obligated to remove sub-contractors’ mechanic’s liens) have for removing a mechanic’s lien from the property on which it was filed? One commonly used option is to procure and file a surety bond with the appropriate County Clerk’s Office, in the amount of 110% of the amount of the lien. The posting of a discharge bond removes the lien from the property and attaches the lien to the bond.
Second Federal Judge Refuses To Apply CPLR 7515’s Ban 0n Arbitration Of Discrimination Claims | JD Supra
New York CPLR Section 7515, passed in 2018, prohibits mandatory arbitration of “any allegation or claim of discrimination.” Last week, Chief Judge Colleen McMahon of the United States District Court for the Southern District of New York became the second federal judge to conclude that this state ban on arbitration of discrimination claims contravenes the Federal Arbitration Act (“FAA”), and granted an employer’s motion to compel arbitration of a former employee’s claims alleging race and...
Second Federal Judge Refuses to Apply CPLR 7515’s Ban on Arbitration of Discrimination Claims
New York CPLR Section 7515, passed in 2018, prohibits mandatory arbitration of “any allegation or claim of discrimination.” Last week, Chief Judge Colleen McMahon of the United States District Court for the Southern District of New York became the second federal judge to conclude that this state ban on arbitration of discrimination claims contravenes the Federal Arbitration Act (“FAA”), and granted an employer’s motion to compel arbitration of a former employee’s claims alleging race and...
Will Unionized New York City Construction Workers Be Entitled To Premium Pay Under Pending City Legislation? | 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.
Will Unionized New York City Construction Workers be Entitled to Premium Pay Under Pending City Legislation?
As we previously blogged, the New York City Council has introduced an expansive COVID-19 relief package, which includes a proposed bill requiring large “essential businesses” to pay premiums to certain essential, non-salaried workers. Specifically, the proposed legislation would apply to “essential businesses,” as defined by the Empire State Development Corporation in accordance with Governor Andrew Cuomo’s Executive Order 202.6, that employ (or are permitted to employ) 100 or more persons.
New York City Council Announces Expansive COVID-19 Relief Package, Including An “Essential Workers Bill Of Rights” | 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 York City Council Announces Expansive COVID-19 Relief Package, Including an “Essential Workers Bill of Rights”
Yesterday, April 22, 2020, the New York City Council introduced a broad COVID-19 legislative relief package with measures aimed at protection of tenants, small businesses, the homeless, and essential workers.
New York Governor Cuomo Orders Essential Businesses To Provide Employees With Face Coverings | 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 York Governor Cuomo Orders Essential Businesses to Provide Employees with Face Coverings
In an executive order signed last weekend, New York Governor Andrew Cuomo ordered that, for all “essential” businesses or entities, any employees present in the workplace must wear “face coverings” when in direct contact with customers or members of the public. The order provides that the businesses must provide such face coverings to employees at the business’s own expense. Notably, the order does not require employers to provide medical-grade masks or respirators.
U.S. Department Of Labor Clarifies Small Business And Health Care Provider Exceptions To FFCRA | 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.
U.S. Department of Labor Clarifies Small Business and Health Care Provider Exceptions to FFCRA
On April 6, 2020, the United States Department of Labor (DOL) published a set of regulations in the Federal Register implementing the paid sick leave and emergency family medical leave expansion provisions of the Families First Coronavirus Response Act (FFCRA). The regulations are effective through December 31, 2020.
Employers Must Post Notice Of Rights Under The Families First Coronavirus Response Act | 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.
Employers Must Post Notice of Rights Under the Families First Coronavirus Response Act
The United States Department of Labor (DOL) has provided a notice of employee rights under the Families First Coronavirus Response Act (FFCRA) that all covered employers must make available to employees. The employee rights notice may be accessed here.
Second Circuit Court Of Appeals Rules That FLSA Settlements Reached Via Rule 68 Offers Of Judgment Do Not Require Court Approval | 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.
Second Circuit Court of Appeals Rules that FLSA Settlements Reached via Rule 68 Offers of Judgment Do Not Require Court Approval
Earlier this month, in Yu v. Hasaki Restaurant Inc., the Second Circuit Court of Appeals ruled that settlements of Fair Labor Standards Act (“FLSA”) lawsuits reached through offers of judgment under Rule 68 of the Federal Rules of Civil Procedure do not require judicial approval.
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