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NY Prompt Pay Act for Private Construction Caps Retainage at Five Percent

New York’s Prompt Pay Act, which sets the standards that govern private commercial construction contracts exceeding $150,000, was amended effective November 17, 2023. The Amendment known as Senate Bill 3539 provides two...more

Comments on DOT Proposed Rulemaking for DBE and ACDBE Programs Extended to October 31, 2022

The Department of Transportation (DOT) recently published a notice in the Federal Register of proposed rulemaking (NPRM) to amend the Disadvantaged Business Enterprise (DBE) and the Airport Concession Disadvantaged Business...more

DBE Gross Receipts Cap Adjusted for Inflation

In December 2020, the United States Department of Transportation (DOT) amended the small business size limit under the Disadvantaged Business Enterprise (DBE) program (section 1101(b) of the Fixing America’s Surface...more

Out With the Old, In With the New: An Overview of Construction/Surety Industry Trends in 2020 — What We Can Expect in 2021 and...

As 2020 comes to a much anticipated close and we approach the one-year anniversary of the start of the global COVID-19 pandemic, it is worth reflecting on the impacts the health crisis has had on the construction marketplace...more

Construction Law Zone - November 2020

Robinson+Cole’s Construction Group is pleased to bring you a recap of posts from our Construction Law Zone blog. As we continue to follow developments and trends in all areas of construction law and share our insights on...more

Construction Law Zone - July 2020

Robinson+Cole’s Construction Group is pleased to bring you a recap of posts from our Construction Law Zone blog. As we continue to follow developments and trends in all areas of construction law and share our insights on...more

OSHA’s COVID-19 Guidelines for the Construction Industry are Generally Consistent with New York State’s and New York City’s...

On May 26, 2020, the Occupational Safety and Health Administration (OSHA) launched a webpage with coronavirus-related guidance for construction employers and workers. The guidance includes recommended actions to reduce the...more

New York Empire State Development Issues Guidance for Construction Staging Activities

In anticipation of reopening all construction activities statewide, on May 22, 2020, Governor Cuomo announced that construction staging activities would be allowed to commence before the Regions officially reopen. On May 31,...more

Construction Law Zone - June 2020

DRONES - Balancing New Technology and Privacy When Using Drones in Land Use and Construction - The mixture of sheltering-in-place, warm weather, and increasing drone usage creates a combustible situation – literally....more

New York’s Multi-Faceted Approach to Reopening “Non-Essential” Construction

COVID-19’s impact in New York has been particularly region-specific. To address the disparity, Governor Cuomo created a four-phase reopening plan to be implemented where geographic regions meet their required “health...more

Construction Law Zone - April 2020

Robinson+Cole’s Construction Group is pleased to bring you a recap of our Construction Law Zone blog. As we continue to follow developments and trends in all areas of construction law and share our insights on issues...more

New York Clarifies "Emergency" and "Essential" Construction

Following Governor Cuomo’s order and the Empire State Development (ESD) guidance on March 27, 2020, which provided that all “non-essential construction” except “emergency construction” must shut down, this week the...more

New York Construction Building Owners Assume New Roles and Responsibilities in Wake of Construction Shutdowns

With many NYC construction projects deemed non-essential, owners find themselves with partially completed work coupled with legal obligations to maintain the safety of the property. The temporary shutdown shifts...more

New York Clarifies “Emergency” and “Essential” Construction

Following Governor Cuomo’s order and the Empire State Development (ESD) guidance on March 27, 2020, which provided that all “non-essential construction” except “emergency construction” must shut down, this week the...more

Much of New York Construction is Now Also “on PAUSE”

Although Governor Cuomo put “New York State on PAUSE” a week ago, at that time, “construction” was not specifically exempted from his Executive Order and the Empire State Development’s (ESD) guidance on what businesses were...more

NYC Amends its Façade Inspection and Safety Program to Push Building Owners into Action

In the wake of the tragic death of architect Tishman in December 2020 who was killed by falling debris from a brick tower in Midtown, the New York Department of Buildings (DOB) amended its rules governing exterior wall...more

Ready . . . Set. . . Stop — Travel Crawls Along During I-84 Interchange Construction

With Memorial Day weekend upon us, I am looking forward to a trip to New Hampshire to enjoy warm sunshine, cold beverages and a little R&R sitting on the front porch and looking at the mountain view.  But before I get there,...more

Finding “Common Ground” in a Site Conditions Clause

I recently attended an ABA conference in Newark, New Jersey in which the theme was “Finding Common Ground in Drafting and Negotiating Design Clauses” in construction contracts. One of the speakers presented a segment...more

The Common Interest Privilege May Offer More Protection Than You Thought.

Consider for a moment a situation when an Owner and a General Contractor want to exchange confidential communications relating to a potential legal matter. When the Owner and Contractor are not both parties in a suit, what...more

If You Build It, They Will Come. But Are There Enough Construction Workers To Get It Done?

In October 2014, the Associated General Contractors of America conducted a survey of nearly 900 construction firms across 48 states and the District of Columbia to discuss construction industry hiring in 2015....more

Arbitration’s Diamond in the Rough: Lessons from the Dichele Superior Court Ruling

In construction law, contracts are at the heart of our business; contracts between: owners and architects; owners and general contractors; contractors and subcontractors; and subcontractors and sub-subcontractors....more

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