Welby, Brady & Greenblatt, LLP

Court Rules Substantial Completion Means "Substantial", Saving Contractor's Claim from Dismissal - In previous columns, we have written about contracts where the parties have reduced the applicable statute of limitations from the generally applicable six years to as little as six months. The issue with such contracts is that they are often written so that the limitations period runs before the claim accrues—which will result in a court invalidating the provision entirely. However, not every construction contract has such a provision. As can be seen from the recent case of Eurotech Construction Corp. v Skanska USA Building Inc., even where there is not a shortened limitations period in the contract, it is equally crucial to determine when the claim actually accrues so that the statute of limitations can be properly applied. https://www.wbgllp.com/single-publication.php?type=3&id=323

APPELLATE COURT INVALIDATES SHORTENED STATUTE OF LIMITATIONS WHICH EFFECTIVELY NULLIFIED CLAIM...Construction contracts, like other contracts, are meant to define the relationship between the parties to the contract. In that regard, the parties are generally free to negotiate the terms of that contract. It is only where the contractual language at issue is contrary to statute, against public policy, or is unreasonable, will a court decline to enforce the contract, as negotiated between the parties: https://www.wbgllp.com/single-publication.php?type=3&id=320

Safety Policy - Rare OSHA Win for an Employer Based on "Unpreventable Employee Misconduct"...On occasion, I’ve cautioned against over-enthusiasm for the “unpreventable employee misconduct” defense in OSHA contest proceedings. Basically, that’s because the requirements to establish that defense are more exacting than most people think. https://www.wbgllp.com/single-publication.php?type=2&id=319

Returning to Work in the Covid-19 Era - One month ago, when this column last appeared, not much was known about the progress of the COVID-19 virus. The “curve” was peaking (although we did not know it at the time), and it was not known how long New York’s “pause” would last. Since then, although schools have been closed for the remainder of the year, we are at a point where the pause will be lifting, and construction will be in the vanguard. However, with most job sites idled for the last several weeks, we now have to think about how to proceed again once those sites open, and how to begin to recover from the effects of the shutdown. This column will address two concerns relating to the resumption of work (and the continuation of work on “essential” job sites that never shut down). https://www.wbgllp.com/single-publication.php?type=3&id=318

The New York Compensation Insurance Rating Board (NYCIRB) has established a new Workers’ Compensation classification code in response to the COVID-19 pandemic. Read about the details and download NYCIRB code here - https://www.wbgllp.com/single-publication.php?type=5&id=174

Attorneys' Column - FAILURE TO COMPLY WITH CONTRACTUALLY REQUIRED
NOTICE OF CLAIM DOOMS ALL PARTIES’ CLAIMS..Construction contracts, like other contracts, are meant to define the relationship between the parties to the contract. With the exception of certain provisions which have been held to violate public policy (pay-if-paid, pre-emptive lien waivers, indemnification of a party for its own negligence, etc.), contracts will generally be enforced as written. The principle was once again underscored by an appellate court in the recent case of Redwing Construction Co., Inc. v Sexton, with regards to a notice of claim provision. Read complete article here: https://www.wbgllp.com/single-publication.php?type=3&id=315

Safety Policy - Citation Upheld Based on Employees Working While Standing on Guardrails of Lift Basket: This month’s case attests to the willingness of construction workers to work under dangerous conditions, and clarifies a couple of doctrines you should be aware of, with respect to the OSHA Act’s construction standards. https://www.wbgllp.com/single-publication.php?type=2&id=314

Looking forward to a great presentation!

Today's the day. Don't miss HAWK Barrett Richards co-present "When Projects Go Bad" at the CFMA Mid-Atlantic Regional Conference. 11 am - 12 pm with Tom Tripodianos Welby, Brady & Greenblatt, LLP and Michael Beaver Conway MacKenzie. Earn 1 CPE credit in specialized knowledge.

Legal Alert - N.Y. Labor Law §220: The Burden of the Prevailing Wage on Closely-Held Business Entities.

The Prevailing Wage was enacted to ensure that workers on public works projects are properly classified and receive what the State determines to be the “prevailing wage” from their employers; however, what happens when one of these workers is also the owner of their own company? Must the Prevailing Wage still be paid and all of the associated taxes and expenses incurred?https://www.wbgllp.com/single-publication.php?type=5&id=157

Attorneys' Column - https://www.wbgllp.com/single-publication.php?type=3&id=287

WBG - Court Enforces Sub's Lien Claim Against Owner - Attorneys' Column by WBG, LLP Court Enforces Sub's Lien Claim Against Owner - Attorneys' Column by Alexander A. Miuccio, Partner at Welby, Brady & Greenblatt, LLP - 914-428-2100

Safety Policy: Preparing for Construction Work in Winter Weather - http://www.wbgllp.com/single-publication.php?type=2&id=276

Attorneys' Column - Contractor Held Liable for Diversion of Trust Funds...click here: http://www.wbgllp.com/single-publication.php?type=3&id=274

Safety Policy: The "Digitized Checklist" as a Cost-Effective Safety Tool in Construction. http://www.wbgllp.com/single-publication.php?type=2&id=273

Legal Alert! To Incorporate or Not to Incorporate - http://www.wbgllp.com/index.php

Welby, Brady & Greenblatt, LLP Celebrates 30th Anniversary: http://www.wbgllp.com/single-announcment.php?id=30

WBG - White Plains, New York, June 30, 2018: Welby, Brady & Greenblatt, LLP, an industry leader in construction law, is pleased to announce the celebration of their 30th Anniversary.

Safety Policy: Excavation Deaths on the Uptick, OSHA Makes Trenching and Excavation Safety a Priority for 2018 - http://www.wbgllp.com/single-publication.php?type=2&id=268

Legal Alert! Contractor Liable to Sub for Failing to Timely Pursue Sub's Claim Against Owner - Attorneys' Column by Alexander A. Miuccio and Gregory J. Spaun, http://www.wbgllp.com/single-publication.php?type=3&id=267

Legal Alert! How to Comply with Notice Requirements for the Safe Construction Bill of Rights and Tenant Protection Plans: http://www.wbgllp.com/single-publication.php?type=5&id=146

Attorneys' Column: http://www.wbgllp.com/17-single-publication.php?type=3&id=265

Safety Policy http://www.wbgllp.com/17-single-publication.php?type=2&id=264

WBG - Safety Policy - Reducing the Dangers to Workers from Asphalt and Its Fumes Safety Policy by Thomas H. Welby of Welby, Brady & Greenblatt LLP - Reducing the Dangers to Workers from Asphalt and Its Fumes

Legal Alert! IMPACT OF PROPOSED STEEL TARIFFS - Read about it here: http://www.wbgllp.com/legal-alerts.php?id=144

Attorneys' Column - http://www.wbgllp.com/cic-newsletter-miuccio.php?id=258

WBG LLP | Attorneys' Column | Extension Agreement May Override Untimely Notice of Claim Read Attorneys