Jose A. Aquino | Duane Morris The First Department’s recent decision in Henick–Lane, LLC v. Stellar Management Group, Inc. reaffirms New York’s strong policy of enforcing no-damages-for-delay clauses. Henick–Lane sought compensation for eight change orders tied to delays, but the subcontract’s no-damages-for-delay clause limited remedies to extensions of time. The court held that the claims were barred,… Continue reading Appellate Court Reinforces Delay Clause in Construction Subcontract
Tag: New York
Cement and Concrete Admixture Price Fixing Conspiracy Allegations Not Strong Enough to Survive Motion to Dismiss
Leo Caseria and Joy Siu | Sheppard Mullin Richter & Hampton Judge Lewis Liman in the Southern District of New York recently dismissed antitrust complaints brought by direct and indirect purchasers against six major suppliers of concrete admixtures, cement additives, admixtures for mortar, and related products (“CCAs”), alleging that the suppliers conspired to fix prices.[1] Specifically,… Continue reading Cement and Concrete Admixture Price Fixing Conspiracy Allegations Not Strong Enough to Survive Motion to Dismiss
Federal Court Reiterates Broad Duty to Defend in Additional Insured Cases
Craig Rokuson | Traub Lieberman In the recent case of Travelers Indem. Co. of Am. v. Accredited Sur. & Cas. Co., No. 21-CV-7189 (FB) (JRC), 2024 U.S. Dist. LEXIS 44634 (E.D.N.Y. Mar. 13, 2024), the Federal District Court for the Eastern District of New York had occasion to consider an additional insured tender on behalf of… Continue reading Federal Court Reiterates Broad Duty to Defend in Additional Insured Cases
NY Appellate Court Enforces Pay-If-Paid Provision Against Party With No Lien Rights
Faith Simms | Troutman Pepper Entech Engineering, P.C. v. Dewberry Engineers, Inc., 204 A.D.3d 467, 167 N.Y.S.3d 55 (1st Dep’t 2022) The New York Supreme Court Appellate Division recently affirmed a ruling enforcing a pay-if-paid provision. Defendant Dewberry Engineers, Inc. (Dewberry) contracted with the New York City Economic Development Corporations’ Build-It- Back Hurricane Sandy Program… Continue reading NY Appellate Court Enforces Pay-If-Paid Provision Against Party With No Lien Rights
New York Considering Legislation That Would Create Statute of Repose For Construction
Richard W. Brown and Anna M. Perry | Saxe Doernberger & Vita New York is considering legislation, which, if enacted, would create a statute of repose limiting the number of years after completion of a construction project that legal action may be asserted against a contractor. New York currently remains the only state without a… Continue reading New York Considering Legislation That Would Create Statute of Repose For Construction