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 BAHV NEWSLETTER ARTICLES 2009
by Thomas S. Tripodianos
- NEW 12-15-09 -- Second Mortgage Bank seeks to foreclose...
Question. Second Mortgage Bank seeks to foreclose on a second mortgage, arguing the conveyance of the premises from Owners to Buyers was void. Buyer and Buyer’s Bank seek to vacate and remove Second Mortgage Bank’s mortgage from the public records.
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- 11-15-09 -- Contractor alleges Subcontractor’s union harassed...
Question: Contractor alleges Subcontractor' union harassed and defamed him regarding a project. Contractor alleges Subcontractor erected a 12-foot inflatable rat in front of his offices and at a charity event, as well as handed out allegedly defamatory leaflets alleging Contractor exploited workers.
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- 10-15-09 -- No Oral Modification of Loan Agreement
Question: Bank seeks to collect on a note (the Note) executed by Borrower, guaranteed by the Guarantors. Pursuant to provisions set forth in the Loan Agreement executed at even date with the Note, Borrower was granted the option to extend the maturity date upon the existence of certain conditions.
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- 9-15-09 -- Failure to dispute account stated leads to quick results for creditor.
Question: Subcontractor submitted to Contractor, and Contractor received, monthly invoices for services it performed for Contractor. Contractor did not object to the invoices at any time, except for an undocumented allegation of an oral objection. Contractor also made a partial payment against a bill. Is Contractor now barred from disputing those invoices and can Subcontractor collect on its account stated?
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- 8-15-09 -- Does a renewal judgment lien secured for a second 10-year period take effect nunc pro tunc on the expiration date of the original lien, cutting off the property interests of intervening mortgagees?
Question: In 1991, plaintiff Judgment-Creditor obtained a default judgment against Judgment-Debtor for approximately $470,000 due on a note. On October 23, 1991, the judgment was docketed and acted as a lien on a Manhattan condominium owned by Judgment-Debtor.
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- 6-15-09 -- Can a California Consultant compel Developer in New York Federal court to submit a dispute to arbitration pursuant to an unsigned agreement?
Question: Consultant, a California corporation with offices worldwide, provides technical and management support services for various infrastructure projects. Developer, a New York corporation, retained Consultant to provide engineering and consulting services in connection with the development of a property in Connecticut.
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- 5-15-09 -- The Owner can make claim as equitable subrogee to the rights of the Town under the payment and performance bonds posted by Contractor.
Question: This matter arises from the excavation work undertaken in anticipation of the construction of a residential subdivision and golf course. Is the Contractor’s surety responsible for the reimbursement of the Owner for certain fees and costs the Owner paid to the Town, and additional fees and costs the Owner may be required to pay to the Town, in connection with the excavation?
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- 4-15-09 -- Subcontractor’s Written Agreement Releasing All Claims Valid on Pre-Termination Claims
Question: The dispute between the parties, the Heating and Ventilating (“HVAC”) Subcontrator and its Sub-Subcontractor arises out of a public construction project. The contract price of the first sub-subcontract (contract # 1) was $3,550,000.00. Under the terms of both subcontracts, the sub-subcontractor was required to perform both modifications requested by the Owner, referred to as MODs and Contractor Proposed Changes, referred to as CPC's, which represent claims of the contractor for work they believed to be changes in the original contract documents. Four years into the project, the Owner held Contractor in default of its prime contract and terminated the same.
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- 3-15-09 -- Architect Copyright
Question. The Builder is a residential home builder in New York. In the course of its business, the Builder engages licensed architects to provide services related to home designs and approval of proposed home plans.
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- 02-15-09 -- Lien Law and Bankruptcy
Question. Mechanics lienor entered into a contract with the debtor whereby lienor was to be a general contractor providing contracting services in the construction of certain improvements on real property owned by the debtor.
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- 01-15-09 -- Inspection of House.
Question. Prior to closing on their home, the Purchasers hired an Engineer who performed an inspection of the house. The inspection revealed the presence of termites in the crawl space in front of the house. In his inspection report, the Engineer noted, in addition to the termite condition, among other things, the boiler was in “good shape, showing no sign of leaking activity.”
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"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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