News & Analysis as of

New York Subcontractors Construction Industry

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

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

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

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...

Fox Rothschild LLP on

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

Lippes Mathias LLP

Increasing Government Scrutiny Requires Robust MWBE Compliance Programs to Avoid Criminal, Civil Investigations

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New York’s state contracts boast some of the most ambitious diversity goals in the nation, and are well recognized for their frequent utilization of Minority and/or Women-owned Business Enterprises, known as MWBEs, with a set...more

Jackson Lewis P.C.

New York Construction Wage Theft Law: Prime Contractors Responsible for Subcontractor’s Failures

Jackson Lewis P.C. on

The scope for liability related to employee wage claims has changed dramatically for contractors and subcontractors operating in New York under a new law that shifts wage payment obligations to prime contractors....more

Cole Schotz

New York Wage Theft Law Promises Major Change for Contractors

Cole Schotz on

New York’s new wage theft law – expected to have a major impact on the construction industry state-wide – goes into effect on January 4, 2022 and will apply to contracts executed, modified, extended, or renewed from that date...more

Cole Schotz

The Difficulty Of Cancelling An Untimely New York Mechanic’s Lien

Cole Schotz on

As discussed , New York Lien Law § 19(6) provides a procedure for an expedited legal action seeking summary discharge (cancellation) of a mechanic’s lien. However, summary discharge is only available where there is a “facial...more

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