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Archive by tag: Moritt Hock & Hamroff LLPReturn

Corporate & Securities Considerations For Companies Impacted By COVID-19

As the Coronavirus (COVID-19) outbreak spreads and the human toll surges, the business world faces profound and unprecedented challenges. Although the ultimate economic impact of COVID-19 remains largely uncertain, companies across all industries can...By: Moritt Hock & Hamroff LLP
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Moritt Hock & Hamroff LLP | Apr 06,2020 |

Flow-Down Clauses To Subcontractors: What Actually Flows?

Subcontractors must pay close attention to provisions in their subcontract that refer back to terms in the prime contract. These provisions are commonly referred to as "flow-down" clauses. Most subs are, of course, familiar with these provisions....By: Moritt Hock & Hamroff LLP
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Moritt Hock & Hamroff LLP | Mar 03,2020 |

The Relevance Of The Spearin Doctrine In An Increasingly Design-Build World

Prior to the U.S. Supreme Court's decision in United States v. Spearin, 248 U.S. 132 (1918), virtually all construction risk was borne by the contractor, except for (i) express carve-outs set forth in a contract or (ii) performance rendered...By: Moritt Hock & Hamroff LLP
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Moritt Hock & Hamroff LLP | Jan 17,2020 |

Lien Law §38 Is A Valuable Tool

A recent New York appellate court decision highlights the danger of contractors, subcontractors and suppliers not having a complete understanding of Section 38 of the Lien Law. It allows the party against whom a mechanic's lien is filed to compel...By: Moritt Hock & Hamroff LLP
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Moritt Hock & Hamroff LLP | Dec 19,2019 |

Local Law 196 Goes Into Effect On December 1st – WHAT YOU NEED TO KNOW

Local Law 196, mandating minimum safety training requirements for workers on construction sites in New York City was enacted in 2017 and was intended to be phased in between March 1, 2018 and December 1, 2018. Due to limited availability of training...By: Moritt Hock & Hamroff LLP
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Moritt Hock & Hamroff LLP | Nov 28,2019 |

Pre-Qualification Belatedly Comes To New York City Projects

In the early hours of July 1, 2008, a comprehensive, multi-faceted piece of legislation was agreed upon in Albany between legislative leaders and our "accidental governor," David Paterson (i.e. elevated to the position as a result of the resignation...By: Moritt Hock & Hamroff LLP
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Moritt Hock & Hamroff LLP | Nov 27,2019 |

When is A Cardinal Change “Cardinal”?

A cardinal change is a rare event in construction. However, when it "provably" occurs, it can turn the relative rights of the parties to a construction dispute upside down. A recent New York case bears this out. A general contractor on a New York...By: Moritt Hock & Hamroff LLP
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Moritt Hock & Hamroff LLP | Nov 14,2019 |

Sweeping Anti-harassment Legislation Impacts New York State Employers

On August 12, 2019, Governor Andrew Cuomo signed into law Senate Bill 506577 / Assembly Bill A8421, significantly expanding protections to individuals working in New York State, thereby increasing an employer’s exposure to liability for claims of...By: Moritt Hock & Hamroff LLP
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Moritt Hock & Hamroff LLP | Sep 26,2019 |

Bankruptcy Court Determines That The Right Of A Surety To Recover Retainage In A Construction Contract Due To Equitable Subrogation Is Superior To A Creditor's Security Interest Even If Perfected

On July 2, 2019, the United States Bankruptcy Court for the Southern District of Mississippi sent a clear message to secured lenders that their security interests on a contractor's account receivables, even if perfected, will not be superior to the...By: Moritt Hock & Hamroff LLP
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Moritt Hock & Hamroff LLP | Jul 31,2019 |