Owners and contractors beware! The warranty you get may not be what you bargained for.
Many construction contracts, including widely used industry form contracts, contain two distinct warranties, a general warranty and a call-back warranty. For example, the general warranty contained in the American Institute of Architects, AIA Document A201 – 2007, General Conditions of the Contract of Construction, … Continue Reading… Continue Reading
What happens to contractors and subcontractors who are without lien rights when a private developer who is building on public land with private money defaults on the project? A recent court decision clarified the parties’ rights and obligations for those projects that are privately funded on publicly owned land, i.e., Public Private Partnerships (“PPP”).
Under New York’s Mechanics’ Lien Law, … Continue Reading… Continue Reading
In construction, incorporating a “prime contract” by reference into a subcontract is commonplace. Recently the Courts have broadly construed such “incorporation” provisions, often to the detriment of subcontractors.
In Schindler Elevator Corp. v. Tully Const. Co, Inc., 139 A.D.3d 930 (1st Dept. 2016) the Plaintiff Schindler Elevator Corp. (“Schindler”) entered into a subcontract with the Defendant Tully Construction Co., Inc. … Continue Reading… Continue Reading