BAHV Newsletters

2012

5 - 2012 -- Real Property Actions and Proceedings Law License Entitlement

4 - 2012 -- Does a contractual forum selection clause trump statute?

3 - 2012 -- Receipt of Summons and Compliance with Notice Requirement

2 - 2012 -- New York Law Regarding Referral Fees for Sale of Real Estate

1 - 2012 -- Lien Law Expiration

2011

12 - 2011 -- Mechanic's Liens and Residential Contracting

11 - 2011 -- Entitlement of Lender to Recover on a Promissory Note and Individual Guaranty

10 - 2011 -- Question of Intrepreting a 90 Day Cancelation Policy in a Service Contract

9 - 2011 -- Does the identification of a single address in liens result in a blanket lien so that Owner can seek discharge and cancellation of liens as "blanket liens" improperly filed against the entire property?

7 - 2011 -- Is Consultant's claim for breach of the covenant of good faith and fair dealing duplicative of his breach of contract action?

6 - 2011 -- Is an insured entitled to attorney fees incurred in litigating and defending against an insurer's "late notice" claim, raised for the first time as an affirmative defense in litigation?

5 - 2011 -- Is General Contractor entitled to coverage from Subcontractor’s Carrier?

4 - 2011 -- Can the Court direct the bank to turn over funds, up to amount of judgment, held in a German bank account?

3 - 2011 -- Does lack of actual receipt of a summons excuse insured from complying with notice requirement?

2 - 2011 -- A & B formed a limited liability company (LLC). Both A & B were managers of the LLC. A accuses B of breaching his fiduciary duties by taking improper cash payments from the LLC distributors, diverting funds to himself, and otherwise looting the LLC. Can A sue B directly for these alleged improprieties?

1 - 2011 -- Does the Owner’s request for detailed information go beyond the scope of §38's requirements?

2010

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?


2009

12-15-09 -- Second Mortgage Bank seeks to foreclose...

11-15-09 -- Contractor alleges Subcontractor’s union harassed...

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.


2008

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

2007

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.

2006

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

2005

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.