Searching Content indexed under Construction & Planning by Smith Gambrell & Russell LLP ordered by Published Date Descending.
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If A Tree Falls In The Forest…
In 2016 John and Joanne Rhodes purchased a townhouse unit in the Lagoon Manor Development on the shores of Lake George in the Town of Bolton Landing, Warren County.
United States
10 Oct 2019
Common Charges In Mixed-Use Condominiums
Condominium boards that operate buildings with both commercial and residential units frequently ask us for assistance in disputes involving the calculation of common charges.
United States
23 Sep 2019
Build It And They Will [Sue]
Virginia F. Kleist and Daniel Stern owned own lakefront properties within the Chautauqua Shores subdivision.
United States
30 Aug 2019
Don't Block My View Of Central Park!
It's not only the sleek new condominium towers rising along Billionaires' Row that offer priceless views of Central Park
United States
26 Jul 2019
Letter Agreements: Risks, Purpose, And What To Include
In the fast-paced construction market, contractors on smaller projects, and even some contractors on bigger projects, might be asked to begin work before entering into a formal written contract.
United States
10 Jul 2019
It's My Party (Wall) And I'll (Sue) If I Want To. [It's My Party And I'll Cry If I Want To. Leslie Gore (1963)]
Party walls shared by adjoining townhouse are ubiquitous in Manhattan and, as recent case illustrates, are an invitation to litigation...
United States
20 May 2019
Failure To Provide Proper Itemization Under Section 38 Of The New York Lien Law Fatal To Maintaining A Mechanic's Lien
The New York Lien Law provides broad rights to contractors, subcontractors and materialmen who improve real property.
United States
16 May 2019
Construction Contract Clauses: An Intro To Pay-If-Paid vs. Pay-When-Paid
If you are a contractor, subcontractor, or supplier in the construction industry, you've likely heard the terms "pay-if-paid" and "pay-when-paid."
United States
23 Mar 2018
A Primer On Keeping And Maintaining A Good Daily Diary
Every owner, contractor, subcontractor, engineer, superintendent, and foreman on a construction project should keep and maintain a daily diary that records their personal observations ...
United States
9 Nov 2017
President Trump's Buy American And Hire American Order
On April 18, 2017, President Donald Trump issued an Executive Order (the "Order") entitled "Buy American and Hire American," intended to, among other things, strengthen public procurement...
United States
4 Oct 2017
The Importance Of Retaining Evidence Of Receipt
A contractor's ability to recover on a claim may turn on whether the contractor provided timely notice of the claim to the project owner.
United States
8 Aug 2017
Responding To False, Inaccurate, And Misleading Statements In Business Letters
Technically the failure to timely respond is not an admission against interest because the rule creates a presumption of fact that can be rebutted.
United States
6 Jul 2017
Community Improvement Districts As A Tool For Infrastructure Financing
Private businesses are more frequently being called upon to bear the costs of public infrastructure improvements necessitated by new facility locations and real estate developments.
United States
27 Apr 2017
An Owner's Guide To Related Claims
Whether an owner recovers, absorbs, or becomes liable to the contractor for costs associated with time impacts largely depends upon the specific events causing the time impact...
United States
25 Apr 2017
EPA Sued By Homebuilders Over Joint Liability For Stormwater Issues
Historically, multiple operators at a single site are required to obtain individual permits, but share responsibility for compliance for the entire project.
United States
4 Mar 2017
Constructive Change: A Claim By Any Other Name
What should a contractor do when it and the owner's representative dispute whether certain work requested by the owner is required by the drawings and specifications and the contract states that...
United States
3 Mar 2017
Understanding Your Surety's Indemnity Agreement
Contractors on public and private projects are often required to obtain surety bonds to secure their bidding, payment, and performance obligations under a construction contract.
United States
2 Dec 2016
Why You Need To Know If Your Construction Contracts Are "Under Seal"
When a client wants to pursue a lawsuit or arbitration, one of the first things an attorney should do is determine whether the statute of limitations has run on the client's claim.
United States
23 Sep 2016
Court Of Appeals #10
In the middle of the 2015-2016 Term, the Court of Appeals released an unusual assortment of decisions relating to a parent's right to record a child's telephone calls...
United States
23 May 2016
Material Breach And The Consequences Of Being Wrong
It's not uncommon for parties to a construction contract to exchange heated letters accusing each other of material breach of their contract.
United States
7 Apr 2016
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