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Archive by tag: P.C.Return

What Construction Contractors Can Expect From Multiemployer Pension Plans Following COVID-19 Crisis

The COVID-19 crisis portends a new and troubling outlook for construction contractors and other employers participating in multiemployer pension plans. While many multiemployer pension plans had been recovering enough from the 2007–2009 Great Recession to have their current funding levels approach or exceed their pre-Great Recession funding levels, the COVID-19 crisis threatens those recoveries and the solvency of the most financially troubled plans......By: Jackson Lewis P.C.
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Jackson Lewis P.C. | Jun 24,2020 |

Face Masks In The Construction Industry

The use of cloth face coverings (masks) in the construction workplace is one of the preventive measure in the Occupational Safety and Health Administration’s (OSHA) guidance specific to the construction industry on how to prevent the spread of COVID-19. In addition to OSHA guidance, employers in the industry must consult Centers for Disease Control and Prevention (CDC) information and local governments requirements......By: Jackson Lewis P.C.
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Jackson Lewis P.C. | Jun 24,2020 |

Consider Whether Your Buy-Sell Provision is a Call Option Before Pulling the Trigger

As regular readers of the blog surely are aware, there are few provisions in an LLC or shareholders agreement more likely to be the focus of dispute than the buy-sell provision. Most times, these disputes expose a flaw in the language of the buy-sell provision itself....By: Farrell Fritz, P.C.
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Farrell Fritz, P.C. | Jun 23,2020 |

Attorneys’ Fees Now Available for Residential Mechanics’ Lien Foreclosures

In early 2020, the Iowa Supreme Court ruled that contractors who have a mechanics’ lien on a residential property cannot recover attorneys’ fees from the sale of the homestead. We explained in a prior blog about how that Supreme Court decision severely limited a contractor’s effective remedies under the mechanics’ lien statute......By: Dickinson, Mackaman, Tyler & Hagen, P.C.
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Municipal Development Agreement: Found To Be Illegal Contract Zoning

In the Matter of Giora Neeman v Town of Warwick, __AD3d__, 2020 NY Slip Op 03112, the Second Department recently declared that a development agreement entered into between the respondent/defendant Black Bear Family Campgrounds, Inc. (“BBFC”) and...By: Farrell Fritz, P.C.
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Farrell Fritz, P.C. | Jun 09,2020 |

OSHA Issues Guidance On Prevention Of COVID-19 Cases At Construction Sites

The Occupational Safety and Health Administration (OSHA) has issued guidance for construction industry employers to prevent spread of COVID-19. In addition to measures the agency suggests for all employers, the guidance includes a variety of...By: Jackson Lewis P.C.
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Jackson Lewis P.C. | Jun 05,2020 |

COVID-19 Town Hall: NY’s Safety Guidance for the Construction Industry

In this Town Hall session, Domenique Camacho Moran, Partner and Head of the Labor & Employment Practice at Farrell Fritz, discussed New York Re-Opening Plans. Please see full Presentation below for more information....By: Farrell Fritz, P.C.
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Farrell Fritz, P.C. | May 29,2020 |

Construction Executives Should Reflect On Disclosure Duties Owed To Bonding Companies

As MGT Construction executives start pleading guilty to conspiracy to commit wire fraud and bank fraud, every construction company executive should reflect on the duties of disclosure owed to their bonding companies. Inadequate disclosures carry a...By: Miles & Stockbridge P.C.
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Miles & Stockbridge P.C. | May 28,2020 |

Court Denies Preliminary Injunction to Enjoin Shinnecock Nation’s Project along Sunrise Highway

Last week, the New York Supreme Court, Suffolk County, denied an application for a preliminary injunction to enjoin the completion, maintenance and operation of two sixty-foot tall electronic billboard-monuments (“Project”) on opposite sides of State...By: Farrell Fritz, P.C.
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Farrell Fritz, P.C. | May 27,2020 |

Letters Exchanged Between Developer and Architectural Review Board Insufficient to Constitute Enforceable Settlement Agreement

In Matter of Pittsford Canalside Props., LLC v Village of Pittsford Zoning Bd. of Appeals, et al., the Fourth Department held that settlement correspondence between a development firm, Pittsford Canalside Properties, LLC (“PCP” or “Petitioner”), and...By: Farrell Fritz, P.C.
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Farrell Fritz, P.C. | May 13,2020 |
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