As we start a new year, we would like to share with you some of our most popular legal alerts from 2019. Our top-read alerts range from construction, labor & employment, tax, immigration, trusts & estates, cooperatives & condominiums, real estate, corporate & securities, litigation and intellectual property, reflecting the broad array of our full-service practice. We hope that our alerts have been valuable to you and your colleagues, and demonstrate our commitment to providing helpful information to you.
As we head into summer, we would like to share with you some of our most popular legal alerts from the first half of 2019. Our top-read alerts range from construction, labor and employment, tax, corporate and securities, immigration, cooperatives and condominiums, commercial leasing, real estate, litigation and intellectual property, reflecting the broad array of our full-service practice. We hope that our alerts have been valuable to you and your colleagues, and demonstrate our commitment to providing helpful information to you.
On February 26, 2019, Justice Melissa Crane of the New York Supreme Court granted a developer the right to underpin (i.e. permanently encroach upon the foundation of an adjacent property) in her ruling on the developer's RPAPL §881 proceeding. It has long been held, and is set forth in the legislative history of RPAPL §881, that the proceeding is for temporary access to a neighbor's property in order to make improvements to your property and is not a vehicle by which the court can grant the right to permanently encroach or otherwise alter the neighbor's property.
As we start a new year, we would like to share with you some of our most popular legal alerts from 2018. Our top-read alerts range from construction, corporate and securities, labor and employment, tax and intellectual property, reflecting the broad array of our full-service practice. We hope that our alerts have been valuable to you and your colleagues, and demonstrate our commitment to providing helpful information to you.
Gaining access to a neighbor’s property during construction requires attempting to negotiate an access agreement and if that fails, litigating the access through an RPAPL §881 proceeding. That is nothing new. But what happens when these negotiations are about much more than just access or not about access at all? In this alert, Construction partner Laurie Stanziale explores how and whether courts will continue to entertain disputes between neighbors about construction, even if no damage has occurred and no access is required and/or whether or not the DOB will be compelled to take a more active role in these disputes.
The deadline for compliance with Local Law 26 of 2004, which mandated the installation of automatic fire suppression sprinklers in many buildings in New York City, is fast approaching, with the next compliance deadline set for July 1, 2018. Here's what building owners should know about the upcoming deadline for compliance with Local Law 26's sprinkler installation mandates.
As we wrote in April 2017, the case of Gilbane Bldg. Co./TDX Constr. Corp., v. St. Paul Fire & Mar. Ins. has become the harbinger of the insurance world in regard to the effectiveness of an additional insured endorsement. On March 27, 2018, New York State's highest court affirmed the decision of the appellate panel, which held that there was no entitlement to coverage to a party named as an additional insured when such party did not have a written contract with the insured.
Here is an update to our prior client alert titled, "Construction Industry Double-Breasting: Recent Trends and Best Practices," which now includes additional information about a recent court decision impacting employers in the construction field.
It is not uncommon that companies with cash flow problems or those that have a desire to be paid on expedited terms assign their accounts receivables as collateral for a secured loan or they factor them. This can happen in any industry. What impacts can this have on a construction project when a contractor or vendor assigns or factors its accounts receivable?
In connection with obtaining the NYC Department of Buildings' (DOB) approval of protection plans, which involve the installation of protection of an adjacent property, either physically on the adjacent property or in the air space above the adjacent property, the party performing the demolition, construction or renovation work now needs to provide proof to the DOB that it has an access (license) agreement with that adjacent property owner for the proposed protection or has filed a RPAPL §881 proceeding to gain such access to the property from the court.
While each year there are reports and statistics regarding the annual number of construction accidents and fatalities in New York City, 2016 will likely be remembered as the year when a construction accident could, and did, lead to criminal charges and convictions of construction companies and individual supervisors.
In September 2016, the Appellate Division, First Department decided a case that has significant ramifications on insurance coverage on construction projects between construction managers and contractors.
In an effort to collect more than one billion dollars in outstanding fines, the City of New York is offering an amnesty program that allows participants to resolve violations
The New York City Department of Buildings ("DOB") made significant changes to the New York City Building Code (the "Code") in its 2014 version.
Intellectual Property partner Amy Goldsmith and Construction partner Laurie Stanziale wrote, “Whose Line, Drawing Or Plan Is It Anyway?" which was part 2 of a two-part article for Law360. The article addresses owner-architect agreements and instruments of service for the parties to set forth rights and obligations.
Intellectual Property partner Amy Goldsmith and Construction partner Laurie Stanziale wrote “Whose Line, Drawing Or Plan Is It Anyway?”, which is part 1 of a two-part article, for Law360.
The days of unions having a firm, if not solitary, hold on construction in New York City have begun to wane.
The Courts of New York County and the First Department have historically been silent regarding, or overly against, awards of license fees and attorney's fees for Respondents in connection with RPAPL §881 actions.
In the wake of recent safety incidents at construction sites throughout the City during a record building boom, Mayor deBlasio and Department of Buildings (DOB) Commissioner Rick Chandler have announced a major code enforcement sweep of construction sites over the next 90 days and increased penalties for serious construction-safety lapses.
On September 30, 2021, Partner and Chair of the Construction Practice, David Pfeffer authored the article, “Broken Buildings: Legal Rights and Remedies in the Wake of a Collapse” featured in Construction Executive.
One of the many lasting impacts of the COVID-19 pandemic is the lengthy tolling of statutes of limitations and legal deadlines.
On May 6, 2021, The Commercial Observer's virtual construction safety forum brought together leading companies in development, construction, architecture, engineering and law, and top public officials and city agencies to explore emerging health and safety trends, procedures, and policies and integrate them into practice to improve project performance.
Anchin’s Future Forward 2021 Conference brought together major players in the construction community to discuss the future of development and design in New York City. On February 9, Construction Partner and Chair David Pfeffer moderated the panel, “How COVID will Permanently Impact Office Design and Workplace Strategies of the Future.”
The November 9, 2020 issue of the Mann Report features Construction Co-Chair and Partner David Pfeffer’s and Counsel Sean Scuderi’s article entitled, “Pre-Construction Services: To Lien or Not to Lien.” The article delves into the decision rendered in the case Old Post Road Associates LLC v. LRC Construction LLC, by the New York State Supreme Court Appellate Division, Second Department.
New York State Governor Andrew Cuomo recently announced phased reopening of businesses, with the construction industry included in Phase 1. The Governor’s announcement means project owners in New York should prepare for construction to restart. Given the long pause of most projects in New York, contractors and subcontractors will first report to their most profitable projects where payments are made timely. We recommend that owners consider taking the following steps before the construction ban is lifted to successfully restart their projects.
Under what circumstances can a building owner legally remove artwork from a building? In 2018, a group of graffiti artists was awarded $6.75 million dollars for the improper removal of their art. On February 20, 2020, the United States Court of Appeals for the Second Circuit upheld that lower court's ruling. In Castillo vs. Cohen et al, 950 F.3d 155 (2d Cir. 2020), known as the 5Pointz case, the appellate court issued a decision that provides needed guidance to building owners and graffiti artists alike.
Construction chair and partner David Pfeffer authored an article in Law360 on "The Conundrum With Short-Term Rentals." The article explores what New York City landlords and tenants need to know about how recent regulations on short-term apartment rental services such as Airbnb, HomeAway, VBRO and Roomorama affect their properties.
Construction associate Sean Scuderi co-authored an article on the benefits and pitfalls of outsourcing email services to a hosting provider in the New York Law Journal’s special e-discovery issue on February 6.
In recent years, construction projects have seen increasing benefits from the use of advanced planning and design technologies. One such technology is Building Information Modeling (known as “BIM”), and it is helping cut costs for owners and streamline project development.
In a major metropolitan setting, open space can be hard to come by. In New York City, the facades of many residential and commercial buildings extend right up to the property line, or near enough to prevent access to some exterior walls without encroaching on neighboring properties. As a result, it is often extremely difficult, if not impossible, to make repairs or renovations to an existing structure without physically entering onto an adjoining parcel.
Delivering a crushing blow to an already distressed real estate market, New York's highest court recently issued a landmark decision in Roberts v. Tishman Speyer Properties, L.P. Depending on how the state's lower courts apply Roberts, the owners could be on the hook for tens of millions if dollars in rent rebates to tenants who were charged market-rate rents.
In the wake of the financial meltdown and subsequent signs of economic recovery, opportunities are becoming more prevalent for those looking to diversify and expand their investments. Luckily, there are various ways to acquire funding for development projects that are both available and underutilized. The Employment-Based visa program is one such tool, particularly the EB-5 visa category.
In today's residential real estate market, balking purchasers are a major challenge for developers. Developers have several tools to counter these increasingly common and harmful tactics and achieve their primary objectives of avoiding costly disputes, capitalizing on their investment and compelling balking purchasers to comply with the agreements they signed.
Today's marketplace presents new challenges to both owners and contractors during the construction process. The most important steps that both parties to a construction project can take to mitigate these risks, at least to some degree, are to know their contracts, implement procedures to administer those contracts effectively, and document their progress on the project.