News & Analysis as of

New York Construction Industry

Farrell Fritz, P.C.

The Road to Compliance: How Town Law 280-a Affects Property Development

Farrell Fritz, P.C. on

Developing land on Long Island can present a number of challenges that all developers should be aware of. From complex zoning ordinances to state environmental regulations, there is no shortage of obstacles that may delay a...more

Cole Schotz

NYC City Council Takes Steps to Reduce Impact of Sidewalk Sheds

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Our last post described the changes driven by the New York City Council in its effort to reduce the number and duration of sidewalk sheds found across the city. In addition to the sheer number of sheds in place at any given...more

Cole Schotz

NYC City Council Takes Aim at Overabundance of Sidewalk Sheds

Cole Schotz on

That New York City, in particular Manhattan, is awash in sidewalk sheds is news to no one. This spring, the New York City Council passed several new bills with the intention of curtailing the number of sheds, as more than...more

Cole Schotz

Federal Court Limits a General Contractor’s Liability For Its Subcontractor’s Unpaid Union Benefit Contributions Under New York’s...

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On January 4, 2022, Labor Law §198-e – known as New York’s Wage Theft Law – went into effect. The Wage Theft Law, which applies to private construction projects, makes the prime/general contractor responsible for unpaid wages...more

Rivkin Radler LLP

May 2025 New York Insurance Coverage Law Update

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Utica National Assurance Company issued a liability policy to Bond Painting Company. Bond’s employee was injured working at a construction project at premises leased by Amazon.com Services Inc. and filed a bodily injury...more

Tarter Krinsky & Drogin LLP

NYC Sidewalk Shed Reform Legislation Brings Major Impacts to Property Owners

On March 26, 2025, the New York City Council passed sweeping legislation aimed at overhauling the long-standing rules around sidewalk sheds. The new legislation is intended to reduce the number of sidewalk sheds lingering on...more

Carr Maloney P.C.

When is an injured worker’s own conduct a defense to liability under New York’s Scaffold Law?

Carr Maloney P.C. on

In a recently published opinion, the Appellate Division, Second Department, upheld a Suffolk County Supreme Court decision granting summary judgment in favor of an injured bridge worker who slipped backwards off a scaffold...more

Marshall Dennehey

Did the Cat Move the Ladder?

Marshall Dennehey on

Key Points: New York appellate decision gives defense counsel firm ground on which to defend a standard § 240(1) case. In Simpertegui v. Carlyle House Inc., 209 N.Y.S.3d (1st Dept. May 9, 2024), a “ladder-fall” case, the...more

Rivkin Radler LLP

New York Insurance Coverage Law Update — Compilation 2024

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An owner, general contractor (GC) and subcontractor (Sub) were sued by injured workers at a construction site, and they were defended by the Sub’s insurer, U.S. Specialty Insurance Company. U.S. Specialty tendered their...more

Littler

New York State Public Work Contractor Registration Requirement Takes Effect December 30, 2024

Littler on

Contractors and subcontractors that perform work on projects subject to Article 8 of the New York Labor Law must register with the New York State Department of Labor (NYSDOL) on or before December 30, 2024. Article 8 of the...more

Harris Beach Murtha PLLC

NY Court of Appeals Addresses Labor Law § 200 “Means and Methods” Cases

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For participants in New York’s construction industry, the distinction between possession of supervisory authority, on the one hand, and the exercise of that authority, on the other, may have significant implications for their...more

Rivkin Radler LLP

October 2024 New York Insurance Coverage Law Update

Rivkin Radler LLP on

The insured admittedly punched and threw the claimant to the ground, but the insured maintained during her plea for reckless assault in criminal court that the claimant was the aggressor, she acted in self-defense, and that...more

Morrison & Foerster LLP

PACE Financing is now available for New Construction

New York City recently released updated Commercial Property Assessed Clean Energy (C-PACE) guidelines which are expected to open up opportunities for owners to obtain C-PACE financing for new construction and energy retrofit...more

Segal McCambridge

New York Labor Law Appellate Division Round-Up

Segal McCambridge on

Issues involved with construction accidents in New York are very fact-specific, and it is important to obtain testimony and evidence of all aspects of the construction project to try and defeat a summary judgment motion....more

Goldberg Segalla

[Webinar] Risk Transfer, Employer Liability, and Grave Injuries: Who Is Going to Pay? - May 15th, 12:00 pm - 1:00 pm EDT

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While this webinar will focus primarily on the New York construction aspect of risk transfer, it will be helpful for anyone dealing with risk-transfer issues. The presenters will also discuss activating the employer-liability...more

Goldberg Segalla

[Webinar] Labor Law Update: Spring 2024 - April 16th, 12:00 pm - 1:00 pm EDT

Goldberg Segalla on

Goldberg Segalla partners Theodore W. Ucinski and Kelly A. McGee will discuss the basics of NY Labor Law §§ 240(1), 241(6), and 200, as well as recent cases of interest from the Court of Appeals and Appellate Division. This...more

Bressler, Amery & Ross, P.C.

Amendments to New York’s Prompt Payment Act

Introduction - On November 17, 2023, amendments to New York’s Prompt Payment Act (the “Act”) were signed into law by Governor Kathy Hochul and effective immediately. The amendments apply to all private construction contracts...more

Cozen O'Connor

New York Sets Maximum Construction Contract Retainage at 5% for Private Projects

Cozen O'Connor on

On November 17, 2023, Governor Kathy Hochul signed Senate Bill 3539, amending Section 756-a and Section 756-c of the New York General Business Law (more commonly referred to as the Prompt Payment Act) to set the maximum...more

Fox Rothschild LLP

New York Caps Retainage at 5% On Private Construction Projects, Permits Contractors to Submit Final Invoice Upon Substantial...

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New York has made changes to its Prompt Payment Act (N.Y. Gen. Bus. Law §756) Legislation, which Gov. Kathy Hochul signed into law on November 17, 2023, provides that: • retainage on private construction projects is capped...more

Cole Schotz

New York Amends Its Law on Withholding of Retainage and Final Invoicing on Private Construction Projects

Cole Schotz on

On November 17, 2023, Governor Hochul signed a bill placing significant restrictions on the amount of retainage that can be withheld from contractors and subcontractors, and permitting the earlier submission of final billing...more

Harris Beach Murtha PLLC

New York Changes Law on Retainage Payments for Private Development Projects

A newly-enacted amendment to the New York General Business Law is designed to reduce delays in final payments to contractors, limit the amount of the contract sum (“retainage”) that can be withheld by and revises the...more

Goldberg Segalla

[Webinar] Labor Law Update: Fall 2023 - December 12th, 12:00 pm - 1:00 pm EST

Goldberg Segalla on

Goldberg Segalla partners Theodore W. Ucinski and Kelly A. McGee will discuss the basics of NY Labor Law §§ 240(1), 241(6), and 200, as well as recent cases of interest from the Court of Appeals and Appellate Division. This...more

White and Williams LLP

The New York Lien Law - Top Ten Things You Ought to Know

White and Williams LLP on

Over the course of my career, I have had the privilege of working with and representing numerous construction lenders (and borrowers/developers) in the financing of some of the largest commercial projects in the United...more

Cole Schotz

NYC To Require Annual Parapet Inspections Come 2024

Cole Schotz on

As of January 1, 2024, New York City will require that all building parapets facing the public right-of-way undergo an annual inspection by a “competent person.” The stated purpose of the mandate is to maintain the city’s...more

Cole Schotz

The New York “Cost of Improvement”

Cole Schotz on

The protections that New York affords a construction lender who properly documents and files a building loan contract and its accompanying Section 22 Affidavit, each of which is discussed in earlier installments of this...more

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