GC loses additional insured coverage due to late notice
Liberty Insurance Underwriters v. Great American Ins Co. 2010 WL 3629470 (SDNY Sept 17, 2010) The facts in this matter are fairly routine, and illustrate the trap… Read more »
Subcontract Barriers to Lien Law and Payment Bond Claims Rejected as Violations of Public Policy
American Architectural, Inc. v. Charles Marino, AMCC Corp., et al 930 N.Y.S.2d 832 (Sup. Ct. Kings County, Oct 3, 2011) In this all too familiar fact pattern,… Read more »
120-Day Notice Period Upheld on St Fin L 137 Payment Bond
Brer-Four Trans. Corp. v. Zurich American Ins. Co. 2010 WL 4676934 (2d Dep’t Nov 16, 2010) Brer-Four had a sub-subcontract with Fleet. Fleet in turn had a… Read more »
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 »