每年，纽约州在建筑项目上的支出高达数十亿美元。除了最小型的工程外，几乎所有项目的参与方之间都会签订书面建筑合同。对于小型项目，承包商通常会出具一份包含工作内容、价格及付款条款的报价单，业主可通过付款或履约予以接受。而对于复杂项目，合同则可能包含大量法律条款与条件，并明确分包商、建筑师、工程师及供应商的具体职责。本文将对纽约州私人及公共建筑合同中常见条款进行概述，重点讨论若未严格遵守可能导致权利放弃的关键条款。
合同违约诉讼广泛存在于各类商业和专业领域，无论是投资人或企业合伙人之间的纠纷，还是企业与企业、服务供应商、承包商、开发商、供应商等之间的争议，均可能涉及合同违约。此外，买卖双方在资产（如房地产或公司股权）交易过程中，也常因合同履行产生争议。所谓合同违约，是指一方未按照合同约定履行其义务。
施工人留置权（Mechanic’s Lien）的设立，有助于承包商保障其应收款项，但如果留置权缺乏依据，则会对业主及总包方造成困扰。纽约《留置权法》为业主和相关方提供了多种在诉讼前或诉讼中解除施工人留置权的方式。
The Yellowstone injunction, a unique feature of New York's legal landscape since 1968, has played a significant role in the dynamics between commercial landlords and tenants.
A quiet title action aims to resolve any doubts about ownership and rights to a property. It eliminates any "clouds" on the title arising from apparent claims, such as an invalid deed or other instrument, potentially affecting marketability.
Lien Law Art. 3-A requires contractors and owners of construction projects financed through bank loans to hold funds in trust for the benefit of contractors and workers performing the work.
New York Lien Law § 59 provides a mechanism for a party subject to a mechanic's lien to move to vacate the lien based on the lienor's failure to prosecute.
New York's Lien Law § 38 provides valuable recourse for property owners and contractors faced with a questionable or exaggerated mechanic's lien.
The doctrine of “piercing the corporate veil” is an exception to the general rule that a corporation exists independently of its owners, who are not personally liable for its obligations. T
Employee misclassification occurs when a worker is paid by a business as an independent contractor but should be classified as an employee under New York law and federal law.
This article provides a general overview of the terms commonly found in private and public construction contracts, with a focus on terms that, if not adhered to, may result in a waiver of claims.
Commercial general liability (CGL) insurance policies insure against risks related to unforeseen accidents or property damage.
This article will provide an overview of the law governing the recognition ( “domestication”) of a judgment rendered by a Court outside of New York state.
In the realm of civil litigation in New York, the strategic use of CPLR § 3213 to seek summary judgment in lieu of filing a complaint is a powerful mechanism for swifter resolution of a lender or creditor’s rights against a borrower, guarantor, or other debtor.
When forming a business it is important to understand the different kinds of business entities and their tax implications. The following article summarizes the different types of legal entities that are commonly used and the advantages and tax filing requirements of each.
Mediation is a form of alternate dispute resolution that allows businesses and individuals to resolve disputes outside of the courtroom. With settlement as the ultimate goal, the parties negotiate in front of a neutral third party, known as a mediator.
Pursuant to New York Lien Law Article 3-A, all funds received by a contractor for a construction project, or by an owner under a construction loan, constitute assets of a statutory trust. The recipient, as trustee must apply the funds to the costs of improvement before diverting them to any other purpose.
Construction defects are common occurrences in construction. Often, a party contracting for work requires a warranty against construction defects for a specific time. Warranties may be either expressly given or implied through operation of the law.
Delay of construction projects can impose substantial unanticipated costs. As a result, disputes regarding the delayed completion of construction work are one of the most common types of construction disputes.
As with all contracts, software development contracts must clearly define the rights and obligations of the parties. However, the complexity of software development and the frequent lack of detailed initial specifications requires additional care in drafting.