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Marco Law, PLLC
A Construction Law and Commercial Litigation Firm.

THE CITY MAY BE LIABLE TO A SUBCONTRACTOR UNDER ITS PAYMENT GUARANTEE FOR EXTRA WORK PREVIOUSLY PAID
In June 2022, a trial court in New York held that the City of New York may be required to pay a subcontractor for extra work under its...

LIEN WAIVERS CAN RESULT IN THE LOSS OF CLAIMS
In May 2022, an Appellate Court in New York dismissed a subcontractor’s delay claim based on lien waivers signed by the subcontractor for...

OWNERS MUST ACT IN GOOD FAITH WITH RESPECT TO EXTRA WORK CLAIMS
In April 2022, the Southern District of New York refused to dismiss a contractor’s claim that Verizon breached the good faith covenant...

APPELLATE COURT VACATES $40 MILLION AWARD TO SUBCONTRACTOR FOR DELAY DAMAGES
In May 2022, an Appellate Court overturned an award of $40 Million in delay damages to a subcontractor, for delays incurred on a City...

WHERE A SUBCONTRACTOR REFUSES TO PERFORM CHANGE ORDER WORK IT MAY BE IN BREACH OF CONTRACT
In March 2022, an appellate court in New York ruled that a subcontractor who refused to perform a change order was in breach of contract...

COURT HOLDS CONSTRUCTION MANAGER LIABLE TO TRADE CONTRACTOR FOR PAYMENT
In March 2022, a trial court in New York ruled that a construction manager (“CM”) on a project for construction of a Burlington Coat...

FORCE MAJEURE CLAUSE IN NYCHA’S CONTRACT PRECLUDES RECOVERY OF DELAY DAMAGES DUE TO COVID
In March 2022, a trial court in New York dismissed a contractor’s claim against NYCHA for delay damages stemming from Covid-19 under the...

GC'S MUST "PASS-THROUGH" SUBCONTRACTOR CLAIMS IN GOOD FAITH
In March 2022, an Appellate court in New York held a general contractor liable for damages to its sub due to its failure to prosecute the...

CON EDISON NOT LIABLE FOR DELAYS IN PROVIDING SERVICE
In February 2021, an Appellate Court in New York declined to hold Con Edison liable to a general contractor, even though Con Ed caused...

TERMINATION CLAUSES MUST BE STRICTLY COMPLIED WITH
In October 2021, an Appellate Court in New York found that a general contractor breached a contract with its subcontractor when it failed...

CONTRACTORS MUST COMPLY WITH THE SCA'S NOTICE OF CLAIM PROVISION
FAILURE TO COMPLY WITH THE PUBLIC AUTHORITIES LAW COULD BE FATAL TO YOUR CLAIM AGAINST THE SCA FOR UNPAID CHANGE ORDER WORK

PRIOR DEALINGS DO NOT EXCUSE THE FILING OF A NOTICE OF CLAIM
In May 2021, an Appellate Court in New York affirmed the dismissal of a contractor’s complaint against the Dormitory Authority based on...

CONTRACTORS MUST COMPLY WITH NYCHA’S NOTICE OF CLAIM PROVISION
FAILURE TO COMPLY WITH THE 20 DAY NOTICE OF CLAIM PROVISION IN NYCHA’S CONTRACT COULD BE FATAL TO YOUR CLAIM FOR UNPAID CHANGE ORDER WORK