8 - 2010 -- May Lender seeking to enforce guaranty against nonresident guarantors of loan attach ownership/membership interests in various out-of-state business entities?
7 - 2010 -- Can a Contractor and manufacturer of equipment avoid liability by shortening the time frame within which the Owner may bring claims against them?
6 - 2010 -- Can Contractor be disqualified from bidding for a contract to supply replacement parts where the specifications are written such that there is only one viable?
5 - 2010 -- Are the documents relating to the latter “privileged” so that in the context of litigation they need not be produced to the contractors making claims?
4 - 2010 -- Are Homeowners liable to a construction worker who was injured while working on their home renovation project?
3 - 2010 -- Is the assignment to employee of additional work after a co-worker left an "adverse employment action," for the employee to create a case of retaliation under both Title VII and New York Human Rights Law?
2 - 2010 -- Buyer and seller's e-mail exchange was not an enforceable written agreement.
1 - 2010 -- Does equitable subrogation apply or did the second mortgage cease to be a valid lien so that it may be canceled as a cloud on title?
10-15-09 -- No Oral Modification of Loan Agreement
9-15-09 -- Failure to dispute account stated leads to quick results for creditor.
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 mortgages?
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?
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.
4-15-09 -- Subcontractor’s Written Agreement Releasing All Claims Valid on Pre-Termination Claims
3-15-09 -- Architect Copyright
02-15-09 -- Lien Law and Bankruptcy
01-15-09 -- Inspection of House.
12-15-08 -- UCC-1 as substitute for Mechanics’ Lien on a Coop.
10-15-08 -- Timely Commencement of Lien Foreclosure
09-19-08 -- Timely Objection to Arbitration
08-18-08 -- Preverdict Interest
07-18-08 -- E-mail & Condo Fraud
05-18-08 -- Oral Agreements
04-18-08 -- Indemnification
03-18-08 -- No Damage for Delay
02-18-08 -- Cutting of Neighbor Trees
01-18-08 -- Deposit not Partial Performance
12-18-07 -- Notice Under Private Payment Bonus
11-14-07 -- Post Judgement Interest
10-19-07 -- Merger Doctrine
09-14-2007 -- Warranty Vs Breach of Contract
08-14-2007 -- Battle of the Forms
June/July -- Joint Checks
05-18-2007 -- Statutory Warranty
04-20-2007 -- Commercial Lease Indemnification Clause
03-19-2007 -- Choice of Entity: Organizing Your Business (Part 2)
02-19-2007 -- Choice of Entity: Organizing Your Business (Part 1)
01-19-2007 -- Contract was rendered nullity when vendors did not respond by prescribed to purchaser’s settlement proposal.
12-16-06 -- Lessee has no obligation to lessor for defective equipment.
11-14-2006 -- Commercial General Liability
10-14-2006 -- Restrictive Covenant in Employment
09-14-2006 -- Notifying Insurer and Agent
08-14-2006 -- Statutory Limitations for Challenging Local Laws
06-27-2006 -- Implied Indemnification
05-23-2006 -- Arbitration not Mandatory
04-18-2006 -- Real Estate Binders
03-20-2006 -- Lien Waivers
02-20-2006 -- AIA Contracts
01-20-2006 -- Late Start not Breach of Contract
12-21-2005 -- Delay Damages Part 2
11-22-2005 -- Delay Damages Part 1
10-22-2005 -- Home Warranty
09-19-2005 -- RE: Guaranty
08-17-2005 -- RE: Attorney Ethics
06-15-2005 -- Liquidated Damages
05-19-2005 -- Attorney Fees
04-15-2005 -- Lien Rights
In every issue of the BAHV Newsletter, Thomas S. Tripodianos, Esq. will provide members with answers to their real estate and construction law questions.
Thomas S. Tripodianos is a Partner with the law firm of Welby, Brady & Greenblatt, LLP. Welby, Brady & Greenblatt, LLP emphasizes the practice of Construction Law, representing general contractors, subcontractors, sureties, developers, owners, suppliers, engineers, homeowners and other entities connected with the construction industry in transactions, litigation, arbitration, mediation, public and private construction contracts, mechanic's liens, surety law and environmental law. Welby, Brady & Greenblatt, LLP has its principal office in White Plains, New York, and also has offices in New Jersey and Connecticut.
If you would like to submit a question to Mr. Tripodianos for consideration in upcoming issues of the BAHV newsletter please click here.