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 BAHV NEWSLETTER ARTICLES 2008
by Thomas S. Tripodianos
- NEW 10-15-08 Timely Commencement of Lien Foreclosure
Question. Lienor entered into an agreement to provide ready-mix concrete to subcontractor. Following nonpayment Lienor filed a mechanic's lien against the property on February 2nd.
Read Response
- 09-19-08 -- Timely Objection to Arbitration
Question. Does an untimely petition to permanently stay arbitration brought by Subcontractor fall under the exception to the statutory limitation period where the contract containing the parties’ agreement to arbitrate was rescinded?
Read Response
- 08-18-08 -- Preverdict Interest
Question. On July 1st the parties entered into a contract under which Supplier agreed to provide Builder over the course of two years, various building supplies needed for a multi-unit development. Supplier provided Builder with materials on various dates between September 27th and November 20th but failed to do so thereafter.
Read Response
- 07-18-08 -- E-mail & Condo Fraud
Question. Since we’re all coming back from our summer break and did not have a newsletter to supplement our summer reading last month I’ll present two simple questions this month
Read Response
- 05-18-08 -- Oral Agreements
Question. Does a general contractor waive the requirement of a signed formal written agreement by verbally awarding a contract to a proposed subcontractor for a particular price and verbally instructing a proposed subcontractor to proceed with its work according to an expedited schedule?
Read Response
- 04-18-08 -- INDEMNIFICATION
Question. Must Contractor indemnify Owner for damages allegedly sustained by a neighboring landowner, Neighbor, during Contractor's performance of excavation work on Owner’s property?
Read Response...
- 03-18-08 -- NO DAMAGE FOR DELAY
Question. Are “no claim for delay” clauses enforceable in New York and can an Owner deny a Contractor’s claim based solely on it’s the Owner’s Engineer’s determination?
Read Response...
- 02-18-08 -- Cutting of Neighbor Trees
Question. What is the proper measure of damages for wrongfully cutting down your neighbor’s trees?
Read Response...
- 01-18-08 -- Deposit not Partial Performance
Q1. Buyer and the Seller entered into negotiations for the sale of real property owned by the Seller.
Read Response...
Q2. Where the Buyer has defaulted under the parties' real estate sale contract may the Seller retain the down payment which constitutes approximately 14% of the contract price?
Read Response...
"If you would like to submit a question to Mr. Tripodianos for consideration in upcoming issues of the BAHV newsletter please click here."
If you would like more information regarding these topics please contact Thomas S. Tripodianos at TTripodianos@wbgllp.com, or call him at 845-294-5500 x317.
Please understand that this column provides general information only, and should not be construed as legal advice to anyone under any circumstances. The author reserves the right to modify any questions submitted so as to broaden their appeal. While we encourage you to contact us, you should not disclose to us any information that you consider confidential unless and until we have formally established an attorney-client relationship, and agreed to represent you in your particular matter. The opinions expressed in this column are of the individual author, and not necessarily those of the Builder’s Association of the Hudson Valley.
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