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2023 Articles

01/18/2023 Court Reminds Us That Mechanic's Lien Remedy Is Derivative, And Existance Of "Lien Fund" Is Necessary To Support Valid Lien 01/13/2023 Construction Companies Must Ensure Employees Are Trained In The Use Of Heavy Equipment And Of Known Hazards 12/16/2022 Court Affirms That Mere "Agreement To Agree" Does Not Constitute Enforceable Contract 12/13/2022 Construction Companies Must Enforce Their Safety Rules 11/22/2022 One Size Doesn't Fit All When It Comes To Operating Powered Industrial Trucks 11/15/2022 Court Permits Arbitration To Proceed Against Both Owner And Owner's Disclosed Agent 10/18/2022 An Exemplary Safety Program on Paper is Not Enough 10/12/2022 Court Sanctions Contractor For Despoiling Evidence 09/22/2022 Mayor Adams to lift the NYC COVID-19 Vaccine Mandate effective November, 2022 09/21/2022 Court Reinstates Mechanic's Lien To Permit Exaggeration Counterclaim To Proceed 09/14/2022 Companies Should Exercise Caution When Outsourcing Inspections to Third Parties for Equipment Maintenance 08/16/2022 Court Permits Petition To Extend Lien On Last Day 08/12/2022 Adequate Training, Experience and Equipment are Necessary When Working Near Energized Lines 07/19/2022 Companies Should Always Conduct Careful Pre-Planning of All Hoisting Operations 07/13/2022 Appellate Court Enforces Contractor's Partial Waivers And Releases Of Lien To Bar Its Claim For Delay Damages 06/22/2022 Companies Should Maintain Safety Programs and Work Rules that are Adequately Communicated and Enforced to Prevent Fall Hazards 06/10/2022 Appellate Court Enforces Constructive Change Directive Provision, Grants Win To Otherwise Breaching Contractor 05/06/2022 Companies Must Maintain Proper Work Rules and Processes for the Loading and Unloading of Materials 05/05/2022 Court Rebuffs Claim For "payment Over Mechanic's Lien" 04/27/2022 Court's Decision Cautions of Narrow Exception to Prohibition on Pay-If-Paid 04/13/2022 Court Permits Fraudulent Inducement Claim To Proceed 04/13/2022 Adequate Protective Systems Must Be Present During Excavations at All Times 03/18/2022 Court Permits Oral Guarantee Claim To Proceed After Bankruptcy Of Owner 02/17/2022 Court Enforces Whistleblower Protection Statute In Face Of Contract Permitting Owner To Direct Discharge Of Contractor's Employee 02/01/2022 Respondent in Citation Contest Proceeding Scores Rare Win Via Summary Judgment 01/14/2022 Appellate Court Enforces Waiver Of Consequential Damages 12/07/2021 ALJ Vacates Citation for Failure of Proof Despite the Employer's Failure to Protect Its Workers 12/06/2021 Court Reminds Contractors That Cure Periods Are Ignored At Their Own Peril 11/16/2021 Reducing Hazards Associated with Manual Handling of Materials in the Construction Workplace 11/09/2021 Court Reinforces that Arbitration Must be Consensual
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