Legal News

As discussed , 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......By: Cole Schotz

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......By: Cole Schotz

Earlier this month, the U.S. Small Business Administration (the “SBA”) issued Procedural Notice Control No. 5000-20057 (the “Guidelines”), providing guidance with respect to M&A transactions involving entities with outstanding Paycheck Protection Program (“PPP”) facilities. This Alert summarizes the Guidelines as they relate to change of control and M&A transactions, specifically with respect to diligence review, transaction timing and SBA consent requirements......By: Cole Schotz

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......By: Cole Schotz

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...By: Cole Schotz

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......By: Cole Schotz

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......By: Cole Schotz

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...By: Cole Schotz

Since first issuing declarations of emergency in early March, the Governors of New York, New Jersey and Connecticut have been coordinating their COVID-19 response measures fairly closely, in recognition of the physical proximity and economic...By: Cole Schotz

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...By: Cole Schotz