George MarcoJun 4, 20242 min readAPPEARING AT A KICKOFF MEETING MAY BE SUFFICIENT TO BIND A CONTRACTOR TO AN UNSIGNED CONTRACTIn April 2024, a trial court in New York refused to dismiss a contractor’s complaint against its subcontractor for breach of contract...
George MarcoJun 4, 20242 min readCONTRACTORS SHOULD ALWAYS STRICTLY COMPLY WITH BID REQUIREMENTSIn May 2024, a trial court in New York upheld the rejection of a low bid on a New York City Housing Authority (NYCHA) project due to the...
George MarcoJun 4, 20242 min readMERELY ATTACHING A CHANGE ORDER LOG TO A FINAL VERIFIED STATEMENT MAY BE INSUFFICIENT TO PRESERVE THOSE CLAIMS AGAINST THE CITYIn March 2024, a trial court in New York upheld a Contract Dispute Resolution Board’s (CDRB) decision to dismiss a contractor’s claim for...
George MarcoApr 30, 20242 min readA CONTRACT CAN BE REPUDIATED BY A SIMPLE EMAILIn March 2024, a trial court in New York determined that a project manager’s email to a subcontractor was sufficient to result in a...
George MarcoApr 30, 20242 min readIT IS ILLEGAL TO PERFORM ELECTRICAL WORK UNDER ANOTHER CONTRACTOR’S LICENSE WITHIN THE CITY OF NEW YORKIn April 2024, an Appellate court in New York dismissed a contractor’s claim against a property owner for unpaid electrical work for...
George MarcoApr 30, 20242 min readERRORS OF FACT OR LAW MAY NOT BE SUFFICIENT TO VACATE AN ARBITRATOR’S AWARDIn March 2024, a trial court in New York confirmed an arbitrator’s award, requiring that a property owner pay its contractor the sum of...
George MarcoMar 25, 20242 min readCOURTS ROUTINELY UPHOLD NOTICE OF CLAIM AND NO ESTOPPEL PROVISIONS IN PUBLIC WORKS CONTRACTSIn January 2024, a trial court in New York County dismissed a contractor’s claim for extra concrete work against the New York City...
George MarcoMar 25, 20242 min readTHE SIX (6) MONTH LIMITATIONS PROVISION IN THE CITY CONTRACT IS NOT TOLLED BY DISCUSSIONS OR REVIEW OF A DELAY CLAIMIn November 2023, a trial court in New York County dismissed a contractor’s two-million-dollar delay claim against the New York City...
George MarcoMar 25, 20242 min readTHE CITY OF NEW YORK HAS NO OBLIGATION TO RESPOND TO AN ARTICLE 11 DELAY CLAIMIn March 2024, the First Department, appellate division of New York, rejected a contractor’s claim that the City of New York, acting...
George MarcoMar 30, 20232 min readFAILURE TO UPDATE YOUR SERVICE ADDRESS COULD HAVE DRASTIC CONSEQUENCESIn March 2023, a trial court in New York permitted a project owner to vacate a default judgment against it even though it had failed...
George MarcoMar 30, 20232 min readCOURT FINDS REDUCED WORK HOURS TO BE A CONTEMPLATED DELAYIn March 2023, an appellate court in New York held that an owner on a public works project was not liable to its contractor for a...
George MarcoMar 30, 20232 min readCONTRACTORS MUST BE AWARE OF STATUTORY NOTICE OF CLAIM PROVISIONSIn March 2023, an appellate court in New York dismissed a contractor’s complaint against a town for failing to timely file a verified...
George MarcoJan 23, 20233 min readYOUR TERMINATION CLAUSE MAY NOT MEAN WHAT YOU THINKIn November 2022, a trial court in New York ruled that although a subcontractor submitted no invoices for its work prior to termination,...
George MarcoJan 23, 20232 min readUSING FUNDS IN NEW YORK TO PAY OFF LIABILITIES ON OTHER PROJECTS IS ILLEGALIn December 2022, a trial court in New York held a contractor and its principal liable to an owner for using funds earmarked for...
George MarcoJan 23, 20232 min readA CONTRACT DOES NOT HAVE TO BE SIGNED TO BE BINDINGIn December 2022, a trial court in New York ruled that although neither party to an owner’s representative agreement signed it, they were...
George MarcoOct 31, 20222 min readFAILING TO COMPLY WITH A SURETY BOND’S NOTICE PROVISIONS COULD BE FATAL TO YOUR BOND CLAIM In July 2022, a trial court in New York dismissed a contractor’s claim against its subcontractor’s performance bond due to its failure to...
George MarcoOct 31, 20222 min readFAILING TO EMPLOY WBEs OR MBEs IDENTIFIED BY CONTRACTOR IN SECURING AWARD IS NOT FRAUDULENTIn October 2022, an Appellate Court in New York ruled that a general contractor’s failure to employ the WBEs and MBEs it identified in...
George MarcoOct 31, 20222 min readSECURITY GUARDS ON PUBLIC IMPROVEMENT PROJECTS ARE NOT ENTITLED TO PREVAILING WAGES In October 2022, a trial court in New York ruled that security guards employed on projects owned by the School Construction Authority...
George MarcoSep 13, 20224 min readMARCO LAW, PLLC WINS TRIAL - PROVES CARDINAL CHANGE RESULTING IN DAMAGES FOR SUBCONTRACTOR CLIENTIn August 2022, Judge Joel M. Cohen of the Commercial Division in New York County Supreme Court ruled, after a two (2) week trial, that a...
George MarcoJul 11, 20222 min readCROSS-DEFAULT PROVISIONS IN CONTRACTS COULD HAVE DRASTIC CONSEQUENCES ON YOUR PROJECTSIn May 2022, a trial court in New York ruled that a subcontractor who breached a subcontract was in breach of all its subcontracts with...