New York Law Journal | Analysis
By Kevin G. Faley and Andrea M. Alonso | November 17, 2020
Labor Law §240 was enacted in response to the Legislature's concern over unsafe conditions for employees who worked at height-related worksites. When assessing §240 claims in New York, parties should be aware that courts interpret the word "structure" liberally and that the word itself can manifest in a multitude of ways. This article highlights some surprising examples.
New York Law Journal | Expert Opinion
By Kenneth M. Block and Joshua M. Levy | November 10, 2020
This is the third in a series of articles dealing with construction management agreements. Here, the authors address construction defects and failures, specifically those arising from faulty workmanship or materials.
New York Law Journal | Analysis
By Brian J. Shoot | November 5, 2020
In his Construction Accident Litigation column, Brian J. Shoot revisits a 2017 decision that resulted in two immediate and almost polar opposite reactions from the bar, and examines how that holding has factored into litigation in the past three years. He also reviews two recent and contradictory rulings from the Fourth Department concerning the "sole proximate cause" defense.
New York Law Journal | Expert Opinion
By Kenneth M. Block and Joshua M. Levy | September 29, 2020
This is the second in a series of articles dealing with construction management agreements. In this article the authors address scheduling—the key to a successful project
New York Law Journal | Expert Opinion
By Steve Baldini and Hamish Lal | August 7, 2020
A discussion of the rise in the use of statutory adjudication in various jurisdictions in the context of complex construction disputes, and a look at whether the United States is now ready to also embrace this ADR option.
New York Law Journal | Analysis
By Brian J. Shoot | August 6, 2020
In his column on Construction Accident Litigation, Brian J. Shoot discusses the recent 'Biaca-Neto' case, where this was the principal issue.
By Ryan Tarinelli | July 13, 2020
New York's attorney general reported a $1.5 million settlement Monday with a construction company after her office found the business engaged in sexual harassment and retaliation against workers.
New York Law Journal | Expert Opinion
By Kenneth M. Block and Joshua M. Levy | June 16, 2020
In their Construction Law column, Kenneth Block and Joshua Levy provide guidelines for project owners to ensure compliance with COVID-19 regulations and for negotiating resumption agreements for previously suspended projects.
New York Law Journal | Analysis
By George M. Heymann | May 22, 2020
This article highlights two recent appellate cases where the injured plaintiffs were denied summary judgment for liability against the defendants as a direct result of their own conduct.
New York Law Journal | Analysis
By Michael A. Scheffler | May 21, 2020
Conclusion There are many twists and turns in the road to replacing the prime contractor in the middle of a construction project. The steps outlined in this article are intended to aid the owner in navigating this road.
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