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ARTICLES

• When are Safety Measures “Infeasible”?
  By Thomas H. Welby, P.E., Esq.
  Many of us recall the popular poster of several decades ago which spoofed OSHA regulations by depicting a OSHA-Compliant Cowboy. The horse and rider were so encumbered by safety devices (harness and tether, goggles and gas mask, hardhat, safety net, backup alarm, etc.!), that the cowpoke was no longer able to feasibly herd cattle. Read full article...
   
• Unpreventable Employee Misconduct
  By Thomas H. Welby, P.E., Esq.
  In the Construction industry today, every responsible contractor is concerned with job site safety.  Safety policy might be motivated by contractual requirements, legal requirements to comply with the Occupational Safety & Health Act (OSHA), a genuine concern for the health and well being of employees, or most probably, a combination of these factors. Read full article...
   
• The Construction Contracts Act
  By Gerard P. Brady, Esq.
  The Construction Contracts Act (hereinafter the ”act”) went into effect on January 14, 2003. All private construction contracts entered into after January 13, 2003, whether oral or written, where the aggregate amount of the construction project is $250,000.00 or more will be subject to the Act. Public works projects and contracts for the performance of work on public works projects are exempt from the Act’s provisions. Read full article...
   
• Contracting For Public Works Projects
  Many facets of contracting for public works projects are controlled by statute.  However, as in any area of the law, in order to determine how the satutes are applied and how much latitude a public entity has in bidding, awarding and administering the performance of public works contracts, it is important to refer to the decisions and opinions of our courts. Read full article...
   
• Protecting the Rights of Subcontractors and Suppliers Under New York State Law 
  By Michael E. Greenblatt, Esq.
  The following information is intended as general guidance on how subcontractors and suppliers can secure and receive payments that are due. There are four main methods for obtaining security and enforcing payment obligations in New York State. Read full article...
   
• Defending Against an OSHA Citation: A General Contractor’s Perspective
  By: Michael J. Barnaby, Esq.
  General Contractors have a dual concern when it comes to protecting their companies from OSHA citations: they must not only be on guard against OSHA violations committed by their own employees, but a prudent General Contractor should also be vigilant with respect to a subcontractor's employees whose violative acts will often be imputed by OSHA to the General Contractor because of the General Contractor's control over a site. Read full article...
   
• Strict Compliance with Notice and Reporting Provisions
  By Gerard P. Brady, Esq.
  A recent decision by the State of New York's highest court underscores the importance of contractors strictly complying with the notice and reporting provisions contained in many construction contracts, no matter what type of "directive" they may have received from the Owner or its representatives. Read full article...
   
• High Court K.O.’s Pay-If-Paid- Cause
  By Thomas H. Welby, P.E., Esq.
  On December 7, 1995, the New York Court of Appeals, the highest Court in this State, handed-down a decision which changes the body of construction law and impacts the process of subcontracting. All CIC members, whether they are general contractors, subcontractors or suppliers, will be affected by the Court's ruling. Read full article...
   
• Important Changes to the 1997 AIA Standard Contract Documents
  By Thomas H. Welby, P.E., Esq.
  Over the past century, the construction contract documents published by the American Institute of Architects have become an industry standard. First published in 1888, these agreements are now used throughout the nation on projects of every size and scope, in both the private and public sectors. Read full article...
   
• Green Building Requirements
  By Adam W. Downs, Esq.
  Environmental concerns have significantly impacted the face of today’s construction industry. As recently as thirty years ago such concerns may have invoked little more than thoughts of rain at the jobsite. Today however, such concerns are truly business concerns, of which a prudent contractor, supplier, owner, and their attorney, must be aware. From land use restrictions and disposal mandates, to tax credits and insurance coverage, the environmentally-related considerations affecting today’s business environment are numerous and continuously evolving. Read full article...
   
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