Functional Equivalent of Privity for Dummies
Beck v. Studio Kenji, Ltd. 2100 WL 6090116 (1st Dep’t, Dec 8, 2011) In this short and pithy decision, Beck, the owner of a condominium unit, sued… Read more »
Conditions Precedent, Oral Change Orders & Mechanic’s Lien Waivers
Peter Scalamandre & Sons v. FC 80 Dekalb Assoc, 2015 WL 3604613 (2d Dept, 6/10/15) is instructive on several issues frequently confronting contractors: (1) When is a… Read more »
Housing Authority – Notice of Claim
In J & E Industries of Ossining, Inc. v. Peekskill Housing Authority, 8 NYS 3d 394 (2d Dept 2015) the contractor’s claim for breach of contract for… Read more »
Co-sureties Not Collaterally Estopped to Contest Arbitration Award
In Five Star Electric Corp. v. Federal Ins. Co., 2015 WL 1781968 (1st Dept. 4/21/15) Five Star, a sub, recovered an arbitration award against one company of… Read more »
Proper Termination of Contract is Essential
Summit Development Corp. v. Fownes 74 AD3d 903 (1st Dep’t 6/15/2010) This case illiustrates the importance of the properly terminating a construction contract. Although this opinion has… Read more »