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ARTICLES BY GERARD BRADY

• 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. 
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• Strict Compliance with Notice and Reporting Provisions
  By Gerard P. Brady, ESQ.
  A 1998 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.
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• Shifting Or Accepting The Risk For Differing Site Conditions In Construction Contracts
  By Gerard P. Brady, Esq.
  A comprehensive investigation of subsurface conditions before the design and construction of a project is generally considered a worthwhile investment that will, for the most part, eliminate surprises and costly change orders to the construction contract.  Sometimes, however, even the most comprehensive investigation does not eliminate all surprises during performance of the construction contract and the Owner, Engineer and Architect must decide how to allocate the risk for such unanticipated subsurface conditions.
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