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New York Construction Law

Tag Archives: construction defect action

NY State Finance Law §137: Guidelines for Posting a Payment Bond under the “Little Miller Act”

Posted in Architects & Engineers, Construction Contracts

State Finance Law §137, modeled after the federal Miller Act, the father of all public project-bonding statutes, requires general contractors on most public works projects to purchase payment bonds. Unlike a construction performance bond, which guarantees that construction work will be completed as per the terms of the contract, a construction payment bond is meant to protect an owner … Continue Reading

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Condo Board Lacks Capacity to bring Construction Defect Action for Failure to Follow Bylaws

Posted in Construction Contracts, Real Property Law 339-dd

In a July 2, 2014 Commercial Division decision by Justice Demarest, the court granted the defendant’s motion to dismiss the complaint. The plaintiff board of managers of a Brooklyn condominium commenced the action, alleging significant construction defects against the condo’s sponsor. Among the arguments raised in the defendant’s motion was that the plaintiff lacked capacity to sue at the time … Continue Reading

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