Selected as a "Best Law Firm" in real estate in 2019 this newsletter by Adam Leitman Bailey P.C. showcases some of the firms crowning moments during the Winter of 2018.
1) A subcontractor was unpaid for road patching work it performed for Con Edison under a contract. It filed liens and sued Con Edison along with other parties.
2) The case involves complex issues around public improvement liens under New York's Lien Law, including questions around whether the work constituted a public or private improvement and whether valid liens were filed.
3) While the liens themselves may not be valid, the plaintiffs can still potentially recover against Con Edison through trust fund provisions of the Lien Law since Con Edison received project funds and commenced an interpleader proceeding.
Compared Licensing & Registration and Texas consumer protections for buying Existing and New homes.
In Texas you personally need a license to drive a car or catch a fish. And your doctor, barber, tattoo artist and home decorator need a professional license to practice their art. But your homebuilder doesn't need a license. Neither do the trades that install
structural elements of your home such as the foundation, framing and roof. That’s absurd.
- Tort law governs negligence claims in construction. Negligence involves a wrongful act or omission that violates a duty of care and causes reasonably foreseeable harm.
- Key cases established that construction professionals like engineers owe a duty of care not just to their clients but also to foreseeably affected third parties. This allows claims for economic losses from negligent statements or defective work.
- The scope of recoverable economic losses in tort expanded but was later reined in by courts requiring physical damage from latent defects, not just costs to remedy work. Malaysian courts have allowed some recovery for economic losses in construction negligence cases.
Robert Hochman, Esq., senior partner at Cohen Hochman & Allen law firm, discusses how to challenge NYC violations issued by the Department of Buildings and Fire Department. He will outline how to navigate the Environmental Control Board, and the common defenses raised at hearings to dismiss or reduce violation penalties. He will also discuss his firm’s services which provide practical solutions for owners who are plagued by building-related violations.
An overview of the role of tort on construction projects - claims which can be brought in the civil courts against a member of the project team, and outside the provisions of a contract.
The note was developed by Sarah Fox, who helps construction specialists understand their contracts - and how they are supplemented by implied terms and tortious duties.
www.500words.co.uk
2017 Year in Review: Recent Midwest Legal Decisions Impacting Real Estate and...Quarles & Brady
In 2017, the Midwest (defined as Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, Ohio, and Wisconsin) saw a number of statutory changes and court decisions that reshaped and framed a number of key issues every developer, design professional, owner, lender, contractor, and real estate and construction lawyer must know. Quarles & Brady lawyers discussed and took questions regarding recent decisions impacting lien claims, statute of limitation/repose, arbitration, indemnification, public improvement contracts, the current import of the economic loss doctrine, and insurance/subrogation.
Construction law involves many different areas of law that are relevant to construction work, including contract law, planning and approvals, employment law, worker's compensation, torts, property law, dispute resolution, and occupational safety. A construction lawyer must be well-versed in these practice areas. When issues arise, the lawyer may help clients with matters such as carefully drafting and reviewing contracts; obtaining necessary government approvals; complying with employment and worker safety laws; resolving disputes through negotiation, mediation or litigation; and addressing accidents and injuries on work sites. The goal is to help clients conduct their construction business in accordance with all applicable laws and regulations.
Gowlings Employment & Labour Law Group and Grand River Personnel address key areas of interest for HR in 2015 including: The Good, The Bad & The Ugly (legal developments from 2014), AODA, investigations, disability, retirement, leadership/culture and employee engagement and more.
1) A subcontractor was unpaid for road patching work it performed for Con Edison under a contract. It filed liens and sued Con Edison along with other parties.
2) The case involves complex issues around public improvement liens under New York's Lien Law, including questions around whether the work constituted a public or private improvement and whether valid liens were filed.
3) While the liens themselves may not be valid, the plaintiffs can still potentially recover against Con Edison through trust fund provisions of the Lien Law since Con Edison received project funds and commenced an interpleader proceeding.
Compared Licensing & Registration and Texas consumer protections for buying Existing and New homes.
In Texas you personally need a license to drive a car or catch a fish. And your doctor, barber, tattoo artist and home decorator need a professional license to practice their art. But your homebuilder doesn't need a license. Neither do the trades that install
structural elements of your home such as the foundation, framing and roof. That’s absurd.
- Tort law governs negligence claims in construction. Negligence involves a wrongful act or omission that violates a duty of care and causes reasonably foreseeable harm.
- Key cases established that construction professionals like engineers owe a duty of care not just to their clients but also to foreseeably affected third parties. This allows claims for economic losses from negligent statements or defective work.
- The scope of recoverable economic losses in tort expanded but was later reined in by courts requiring physical damage from latent defects, not just costs to remedy work. Malaysian courts have allowed some recovery for economic losses in construction negligence cases.
Robert Hochman, Esq., senior partner at Cohen Hochman & Allen law firm, discusses how to challenge NYC violations issued by the Department of Buildings and Fire Department. He will outline how to navigate the Environmental Control Board, and the common defenses raised at hearings to dismiss or reduce violation penalties. He will also discuss his firm’s services which provide practical solutions for owners who are plagued by building-related violations.
An overview of the role of tort on construction projects - claims which can be brought in the civil courts against a member of the project team, and outside the provisions of a contract.
The note was developed by Sarah Fox, who helps construction specialists understand their contracts - and how they are supplemented by implied terms and tortious duties.
www.500words.co.uk
2017 Year in Review: Recent Midwest Legal Decisions Impacting Real Estate and...Quarles & Brady
In 2017, the Midwest (defined as Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, Ohio, and Wisconsin) saw a number of statutory changes and court decisions that reshaped and framed a number of key issues every developer, design professional, owner, lender, contractor, and real estate and construction lawyer must know. Quarles & Brady lawyers discussed and took questions regarding recent decisions impacting lien claims, statute of limitation/repose, arbitration, indemnification, public improvement contracts, the current import of the economic loss doctrine, and insurance/subrogation.
Construction law involves many different areas of law that are relevant to construction work, including contract law, planning and approvals, employment law, worker's compensation, torts, property law, dispute resolution, and occupational safety. A construction lawyer must be well-versed in these practice areas. When issues arise, the lawyer may help clients with matters such as carefully drafting and reviewing contracts; obtaining necessary government approvals; complying with employment and worker safety laws; resolving disputes through negotiation, mediation or litigation; and addressing accidents and injuries on work sites. The goal is to help clients conduct their construction business in accordance with all applicable laws and regulations.
Gowlings Employment & Labour Law Group and Grand River Personnel address key areas of interest for HR in 2015 including: The Good, The Bad & The Ugly (legal developments from 2014), AODA, investigations, disability, retirement, leadership/culture and employee engagement and more.
What Can You Claim for Breach of A Construction Contract?Sarah Fox
A summary of the law setting out the damages you can claim in the event that someone breaches their contract with you.
The note was developed by Sarah Fox, author of the 500-Word Contract. The tips and techniques from her 500-Word series of talks, workshops and contract coaching will help you create simple, ethical contracts you can read, use and understand.
Contact her by email sarah@500words.co.uk or for more information, visit her website www.500words.co.uk
Chapter 7 – Negligence and Strict LiabilityUAF_BA330
This document provides an overview of negligence and strict liability in tort law. It defines the elements of negligence as duty, breach of duty, causation, and injury. It discusses the duty of care and reasonable person standard. It covers defenses like contributory negligence, assumption of risk, and causation principles like res ipsa loquitur. Special doctrines of premises liability, negligence per se, and strict liability are also summarized. The document aims to teach readers about the key concepts in negligence and strict liability tort claims.
Eric Travers presented "Negotiating Retainage" on January 13, 2015, for the ASA Building for Profit Internet Learning Series. He discussed ways to reduce and eliminate retainage and how to negotiate from a position of strength. Eric also provided tips and examples of how to modify bids to eliminate or disincentive retainage.
Chapter 7 - Negligence and Strict LiabilityUAF_BA330
This document provides an overview of negligence and strict liability law. It defines the key elements of a negligence claim, including duty of care, breach of duty, causation and injury. It discusses the reasonable person standard for determining breach of duty. It also covers special doctrines in negligence law like premises liability, negligence per se, causation, defenses, and introduces the concept of strict liability. The document uses cases examples to illustrate the application of these legal concepts.
Building Code Enforcement and Contractual ConsequencesScott Wolfe
My part in a building code seminar sponsored by Lorman Education Services. This presentation focuses on building code enforcement mechanisms in Louisiana, and the effect building code violations can have on contracts, parties to contracts, and third parties. Also, it touches on defenses available to parties when building code violations exist, as well as green building code issues that are now arising with green building projects.
Professional liability insurance for engineersGerald Brunker
The document summarizes information about a bridge collapse in Minneapolis in 2007 and the resulting litigation. It discusses that the bridge collapsed due to a design flaw, killing 13 people and injuring 145. This led to numerous lawsuits against parties involved in the design and construction of the bridge. Settlements totaling over $95 million were reached with victims and governmental entities. The document also provides information on professional liability insurance and statutes that affect liability for design professionals.
T. Ric Construction Law, Liens and Attorney Dallas TX and Fort Worth TX vidyasagar555
T. Rick Frazier is an attorney in Texas who specializes in collecting unpaid invoices for contractors, subcontractors, suppliers and other laborers through enforcing mechanics' liens. He opened his own law office in 1978 and has over 30 years of experience practicing law in Texas. His practice focuses primarily on real estate, construction law, and commercial litigation, with an emphasis on getting local contractors paid for their work through mechanics' lien enforcement.
Quantity surveyors proffesion the parties involved in the construction advic...steve wanjiku
1. The document discusses the importance of tort law for quantity surveyors in East Africa through concrete examples. It covers topics like negligence, vicarious liability, defamation, and nuisance.
2. As legal advisors to clients and contractors, quantity surveyors could face professional negligence claims if they breach their duty of care. They are also vicariously liable for the actions of contractors. Defamation and nuisance laws are important to understand in order to advise clients.
3. Understanding tort law allows quantity surveyors to properly advise clients, avoid costly legal claims, include necessary costs in budgets, and ensure projects are delivered on time and within budget. A working knowledge of torts is an important part of being
The document provides tips and best practices for kitchen and bath companies to prevent litigation, including proper communication, avoiding shortcuts, thorough record keeping, complying with laws, and properly screening subcontractors. It also discusses common sources of liability such as misrepresentations, mistakes, lack of procedures, and failure to follow through. Examples of actual litigation issues involving kitchen companies are presented.
The document summarizes accomplishments of Carolyn Rualo, a partner at Adam Leitman Bailey, P.C. who was named a Trailblazer by the New York Law Journal for her unconventional approaches in handling complex landlord-tenant negotiations. It describes how she successfully negotiated on behalf of a client to avoid costly emergency repairs by the city, and how she is preparing for upcoming rent regulation reforms. It also announces that ALBPC has more female "Rising Stars" than any other New York real estate law firm.
This document summarizes the law around divided or joint infringement after key Supreme Court cases. It discusses that for direct infringement, one entity must perform all steps of a method claim or direct/control the performance of each step. For induced infringement, the inducer must intend to cause infringement but need not directly perform each step. There is no liability if no single party performs all steps but the inducer does not intend to cause joint infringement. Obtaining an opinion of counsel can be used to show lack of intent for induced infringement.
This document summarizes key concepts related to fiduciary duty and fiduciary obligation from a legal research paper. It discusses a similar Canadian case (Lac Minerals v. International Corona Resource) where confidential information was misused. It compares this case to the situation described, noting similarities around the use of confidential information. The document then provides definitions of fiduciary duty and outlines factors courts consider to determine if a fiduciary relationship exists. It advises that as operator, the recipient has duties to share assessments, notify partners of opportunities, and act with undivided loyalty and without conflicts of interest.
The document discusses key changes to landlord-tenant law in New York resulting from the passage of the Housing Stability and Tenant Protection Act of 2019 (HSTPA). It focuses on how the HSTPA has impacted nonpayment eviction proceedings by tenants. Specifically, it examines the traditional "good cause" standard tenants must meet to stay an eviction warrant under RPAPL §749(3), and explores how a new provision under RPAPL §753 allowing tenants to claim "extreme hardship" may provide an additional avenue of relief in such proceedings. The article aims to guide practitioners on navigating nonpayment evictions in light of the new law.
Karen Palecek is a co-managing member of Palecek & Palecek PLLC with over 26 years of experience in construction law and litigation. She represents specialty contractors, suppliers, general contractors and owners. Her practice focuses on all aspects of construction law including contract review, liens, claims, litigation and appeals. The presentation discusses important considerations for bid proposals, contracts, project management, claims processes and collecting payment.
It is critically important to review and "manage" your contract provisions when dealing with a Change Order or potential differing site condition claim on the project.
"The Nuts + Bolts of Construction Financial Management" was presented by Stephanie P. Union and Peter Berg on September 23, 2015, at the office of Kegler Brown.
The morning briefing covered the nuts and bolts of construction financial management, including, but not limited to, the steps and best practices for prompt collection.
SKGF_Presentation_Patent Licensing in the Wake of MedImmune, eBay, KSR and Mi...SterneKessler
The document summarizes key patent licensing issues in the wake of several recent US Supreme Court decisions, including eBay v. MercExchange, MedImmune v. Genentech, and SanDisk v. STMicroelectronics. It discusses how these rulings have shifted power away from patent holders by eliminating presumptions of injunctive relief and allowing licensees greater ability to challenge patent validity without terminating their licenses. The decisions have introduced more uncertainty for patent holders and licensees in areas like injunctions and declaratory judgment jurisdiction.
This document discusses licensing requirements for contractors which vary by state but generally require licenses for work involving construction, HVAC, plumbing, and electrical. It outlines the costs associated with obtaining a contractor's license, which are not typically prohibitive, and notes that licensed contractors must carry insurance like workers' compensation. The summary explains that being unlicensed can result in fines, criminal charges, and not being able to get permits for work or write off business expenses on taxes. Overall, the document makes the case that licensing provides legal protections for contractors and clients.
Negligence refers to the failure to exercise reasonable care that results in harm to another person. There are two theories of negligence - the subjective theory which views negligence as a state of mind, and the objective theory which is now generally accepted and views negligence as a failure to meet the standard of a reasonable person. To prove negligence, a plaintiff must show that the defendant owed them a duty of care, that duty was breached, injury resulted, and the breach caused the injury. There are tests to determine if a duty of care exists between the parties, such as foreseeability of harm, proximity of the relationship, and whether it is fair, just and reasonable to impose liability. Professionals may have a higher standard of
Emergency Mitigation Measures and Repairs, Allegedly Faulty, Doom CoverageNationalUnderwriter
From FC&S Legal: Emergency Mitigation Measures and Repairs, Allegedly Faulty, Doom Coverage.
A federal district court has ruled that an insurer was not obligated to cover claims stemming from allegedly faulty
emergency mitigation measures and repairs made to a roof damaged by Hurricane Isaac.
The Case
Cedar Ridge, LLC, alleged that its Riverlands Shopping Center was damaged by Hurricane Isaac and that it contracted with Roof Technologies, Inc., to perform “emergency mitigation work,” which generally consisted of fastening tarps to Riverlands’ roof. Cedar Ridge then filed a claim with Landmark American Insurance Company and RSUI Indemnity Company (together, “Landmark”), which was denied on the ground that the emergency mitigation work had caused additional damage to Riverlands.
Cedar Ridge sued Landmark, which filed a complaint against Roof Tech, asserting that, “in the event [Landmark was] held liable to plaintiff for any of the claims asserted, third party defendant, Roof Technologies, Inc. [was] liable to [Landmark] for the damage it caused to the property at issue as a result of its defective workmanship and by the improper installation of tarps on the roof following Hurricane Isaac.”
Roof Tech moved for summary judgment.
New York’s Appellate Division Affirms Trial Court’s Ruling that Failure to Co...wolffsamson
The appellate court affirmed the lower court's ruling that the failure to comply with the conditions precedent in a performance bond precludes recovery by the obligee, even if defective work is discovered after completion. Specifically, the court agreed that the owner failed to comply with notice and other requirements in the AIA A312 bond after discovering water intrusion over a year after construction was finished. Strict compliance with bond conditions is required regardless of whether work remains unfinished.
What Can You Claim for Breach of A Construction Contract?Sarah Fox
A summary of the law setting out the damages you can claim in the event that someone breaches their contract with you.
The note was developed by Sarah Fox, author of the 500-Word Contract. The tips and techniques from her 500-Word series of talks, workshops and contract coaching will help you create simple, ethical contracts you can read, use and understand.
Contact her by email sarah@500words.co.uk or for more information, visit her website www.500words.co.uk
Chapter 7 – Negligence and Strict LiabilityUAF_BA330
This document provides an overview of negligence and strict liability in tort law. It defines the elements of negligence as duty, breach of duty, causation, and injury. It discusses the duty of care and reasonable person standard. It covers defenses like contributory negligence, assumption of risk, and causation principles like res ipsa loquitur. Special doctrines of premises liability, negligence per se, and strict liability are also summarized. The document aims to teach readers about the key concepts in negligence and strict liability tort claims.
Eric Travers presented "Negotiating Retainage" on January 13, 2015, for the ASA Building for Profit Internet Learning Series. He discussed ways to reduce and eliminate retainage and how to negotiate from a position of strength. Eric also provided tips and examples of how to modify bids to eliminate or disincentive retainage.
Chapter 7 - Negligence and Strict LiabilityUAF_BA330
This document provides an overview of negligence and strict liability law. It defines the key elements of a negligence claim, including duty of care, breach of duty, causation and injury. It discusses the reasonable person standard for determining breach of duty. It also covers special doctrines in negligence law like premises liability, negligence per se, causation, defenses, and introduces the concept of strict liability. The document uses cases examples to illustrate the application of these legal concepts.
Building Code Enforcement and Contractual ConsequencesScott Wolfe
My part in a building code seminar sponsored by Lorman Education Services. This presentation focuses on building code enforcement mechanisms in Louisiana, and the effect building code violations can have on contracts, parties to contracts, and third parties. Also, it touches on defenses available to parties when building code violations exist, as well as green building code issues that are now arising with green building projects.
Professional liability insurance for engineersGerald Brunker
The document summarizes information about a bridge collapse in Minneapolis in 2007 and the resulting litigation. It discusses that the bridge collapsed due to a design flaw, killing 13 people and injuring 145. This led to numerous lawsuits against parties involved in the design and construction of the bridge. Settlements totaling over $95 million were reached with victims and governmental entities. The document also provides information on professional liability insurance and statutes that affect liability for design professionals.
T. Ric Construction Law, Liens and Attorney Dallas TX and Fort Worth TX vidyasagar555
T. Rick Frazier is an attorney in Texas who specializes in collecting unpaid invoices for contractors, subcontractors, suppliers and other laborers through enforcing mechanics' liens. He opened his own law office in 1978 and has over 30 years of experience practicing law in Texas. His practice focuses primarily on real estate, construction law, and commercial litigation, with an emphasis on getting local contractors paid for their work through mechanics' lien enforcement.
Quantity surveyors proffesion the parties involved in the construction advic...steve wanjiku
1. The document discusses the importance of tort law for quantity surveyors in East Africa through concrete examples. It covers topics like negligence, vicarious liability, defamation, and nuisance.
2. As legal advisors to clients and contractors, quantity surveyors could face professional negligence claims if they breach their duty of care. They are also vicariously liable for the actions of contractors. Defamation and nuisance laws are important to understand in order to advise clients.
3. Understanding tort law allows quantity surveyors to properly advise clients, avoid costly legal claims, include necessary costs in budgets, and ensure projects are delivered on time and within budget. A working knowledge of torts is an important part of being
The document provides tips and best practices for kitchen and bath companies to prevent litigation, including proper communication, avoiding shortcuts, thorough record keeping, complying with laws, and properly screening subcontractors. It also discusses common sources of liability such as misrepresentations, mistakes, lack of procedures, and failure to follow through. Examples of actual litigation issues involving kitchen companies are presented.
The document summarizes accomplishments of Carolyn Rualo, a partner at Adam Leitman Bailey, P.C. who was named a Trailblazer by the New York Law Journal for her unconventional approaches in handling complex landlord-tenant negotiations. It describes how she successfully negotiated on behalf of a client to avoid costly emergency repairs by the city, and how she is preparing for upcoming rent regulation reforms. It also announces that ALBPC has more female "Rising Stars" than any other New York real estate law firm.
This document summarizes the law around divided or joint infringement after key Supreme Court cases. It discusses that for direct infringement, one entity must perform all steps of a method claim or direct/control the performance of each step. For induced infringement, the inducer must intend to cause infringement but need not directly perform each step. There is no liability if no single party performs all steps but the inducer does not intend to cause joint infringement. Obtaining an opinion of counsel can be used to show lack of intent for induced infringement.
This document summarizes key concepts related to fiduciary duty and fiduciary obligation from a legal research paper. It discusses a similar Canadian case (Lac Minerals v. International Corona Resource) where confidential information was misused. It compares this case to the situation described, noting similarities around the use of confidential information. The document then provides definitions of fiduciary duty and outlines factors courts consider to determine if a fiduciary relationship exists. It advises that as operator, the recipient has duties to share assessments, notify partners of opportunities, and act with undivided loyalty and without conflicts of interest.
The document discusses key changes to landlord-tenant law in New York resulting from the passage of the Housing Stability and Tenant Protection Act of 2019 (HSTPA). It focuses on how the HSTPA has impacted nonpayment eviction proceedings by tenants. Specifically, it examines the traditional "good cause" standard tenants must meet to stay an eviction warrant under RPAPL §749(3), and explores how a new provision under RPAPL §753 allowing tenants to claim "extreme hardship" may provide an additional avenue of relief in such proceedings. The article aims to guide practitioners on navigating nonpayment evictions in light of the new law.
Karen Palecek is a co-managing member of Palecek & Palecek PLLC with over 26 years of experience in construction law and litigation. She represents specialty contractors, suppliers, general contractors and owners. Her practice focuses on all aspects of construction law including contract review, liens, claims, litigation and appeals. The presentation discusses important considerations for bid proposals, contracts, project management, claims processes and collecting payment.
It is critically important to review and "manage" your contract provisions when dealing with a Change Order or potential differing site condition claim on the project.
"The Nuts + Bolts of Construction Financial Management" was presented by Stephanie P. Union and Peter Berg on September 23, 2015, at the office of Kegler Brown.
The morning briefing covered the nuts and bolts of construction financial management, including, but not limited to, the steps and best practices for prompt collection.
SKGF_Presentation_Patent Licensing in the Wake of MedImmune, eBay, KSR and Mi...SterneKessler
The document summarizes key patent licensing issues in the wake of several recent US Supreme Court decisions, including eBay v. MercExchange, MedImmune v. Genentech, and SanDisk v. STMicroelectronics. It discusses how these rulings have shifted power away from patent holders by eliminating presumptions of injunctive relief and allowing licensees greater ability to challenge patent validity without terminating their licenses. The decisions have introduced more uncertainty for patent holders and licensees in areas like injunctions and declaratory judgment jurisdiction.
This document discusses licensing requirements for contractors which vary by state but generally require licenses for work involving construction, HVAC, plumbing, and electrical. It outlines the costs associated with obtaining a contractor's license, which are not typically prohibitive, and notes that licensed contractors must carry insurance like workers' compensation. The summary explains that being unlicensed can result in fines, criminal charges, and not being able to get permits for work or write off business expenses on taxes. Overall, the document makes the case that licensing provides legal protections for contractors and clients.
Negligence refers to the failure to exercise reasonable care that results in harm to another person. There are two theories of negligence - the subjective theory which views negligence as a state of mind, and the objective theory which is now generally accepted and views negligence as a failure to meet the standard of a reasonable person. To prove negligence, a plaintiff must show that the defendant owed them a duty of care, that duty was breached, injury resulted, and the breach caused the injury. There are tests to determine if a duty of care exists between the parties, such as foreseeability of harm, proximity of the relationship, and whether it is fair, just and reasonable to impose liability. Professionals may have a higher standard of
Emergency Mitigation Measures and Repairs, Allegedly Faulty, Doom CoverageNationalUnderwriter
From FC&S Legal: Emergency Mitigation Measures and Repairs, Allegedly Faulty, Doom Coverage.
A federal district court has ruled that an insurer was not obligated to cover claims stemming from allegedly faulty
emergency mitigation measures and repairs made to a roof damaged by Hurricane Isaac.
The Case
Cedar Ridge, LLC, alleged that its Riverlands Shopping Center was damaged by Hurricane Isaac and that it contracted with Roof Technologies, Inc., to perform “emergency mitigation work,” which generally consisted of fastening tarps to Riverlands’ roof. Cedar Ridge then filed a claim with Landmark American Insurance Company and RSUI Indemnity Company (together, “Landmark”), which was denied on the ground that the emergency mitigation work had caused additional damage to Riverlands.
Cedar Ridge sued Landmark, which filed a complaint against Roof Tech, asserting that, “in the event [Landmark was] held liable to plaintiff for any of the claims asserted, third party defendant, Roof Technologies, Inc. [was] liable to [Landmark] for the damage it caused to the property at issue as a result of its defective workmanship and by the improper installation of tarps on the roof following Hurricane Isaac.”
Roof Tech moved for summary judgment.
New York’s Appellate Division Affirms Trial Court’s Ruling that Failure to Co...wolffsamson
The appellate court affirmed the lower court's ruling that the failure to comply with the conditions precedent in a performance bond precludes recovery by the obligee, even if defective work is discovered after completion. Specifically, the court agreed that the owner failed to comply with notice and other requirements in the AIA A312 bond after discovering water intrusion over a year after construction was finished. Strict compliance with bond conditions is required regardless of whether work remains unfinished.
This document discusses legal issues related to bonding on construction projects, specifically the Miller Act. It provides background on the Miller Act, which requires payment bonds on federal construction projects to protect unpaid subcontractors. It describes the different types of bonds required: bid bonds, performance bonds, and payment bonds. It outlines who can bring an action against a payment bond, the timing for claims, where actions must be filed, and a subcontractor's right to obtain a copy of the bond.
First Department Expands Right to License Fees Under RPAPL881Kim Connolly
The First Department has expanded property owners' ability to charge license fees under RPAPL §881. In Van Dorn Holdings v. 152 West 58th Owners, the court eliminated the longstanding distinction between mandatory work and new construction for license fees. This opens the door to license fees for both contexts. The decision blurs the lines around when compensation is required for temporary access to neighboring property to perform repairs. It may lead to longer negotiations and increased costs as the rights of property owners seeking access and those providing access are less clear.
This document discusses various legal issues in engineering design and practice. It introduces laws, regulations, and standards that engineers must consider. Laws come from legislation and court cases, while regulations are administrative rules from agencies enforcing laws. Standards can be voluntary guidelines set by professional groups or mandatory when referenced in regulations. Engineers must understand contract law, tort law principles like negligence and product liability, and how to comply with relevant statutes, regulations, and standards to avoid legal liability.
This document summarizes a court ruling on a motion to dismiss claims against three investors in Veoh Networks Inc. for secondary copyright infringement. The court held that while the complaint alleged the investors obtained control of Veoh through board seats and financing, it did not sufficiently plead that the investors were significantly involved in Veoh's alleged infringing activities to state valid claims of contributory copyright infringement against the investors. As a result, the court granted the investors' motion to dismiss the secondary liability claims against them.
An ebook published by the law firm Porter Wright Morris & Arthur LLP. Contains several blog posts they've published on the topic of oil and gas lease issues for landowners. Our favorite article: My Sister is a Fractivist and Won’t Sign an Oil and Gas Lease. What Can We Do?
This document is a certificate of service for a response filed by Allied Systems Holdings, Inc. and Allied Systems, Ltd. (L.P.) regarding a motion by petitioning creditors BDCM Opportunity Fund II, LP, Black Diamond CLO 2005-1 Adviser L.L.C., and Spectrum Investment Partners LP to shorten time for a hearing on appointing a trustee. The certificate lists the parties that were served the response by mail or hand delivery on May 21, 2012.
VCAT Case Study re Insurance Obligations Melbourne / VictoriaTEYS Lawyers
Agents managing multi-level developments must be aware of the extent of the Owners Corporation’s insurance obligations if they want to avoid being sued for breach of their duty to exercise due care and diligence...
Chicago Daily Law Bulletin - Predevelopment engineering services are lienablPaul Porvaznik
The Illinois Supreme Court ruled that an engineering firm's predevelopment services for an unfinished real estate project were lienable improvements under the Illinois Mechanics Lien Act. The engineering firm had performed services like creating a plat of subdivision, surveying the property, and planning roads and sewers. While these services did not physically alter the land, the Court found they were still lienable as they were performed "for the purpose of" allowing the eventual development of the property. This overturned lower court rulings and provides expanded protection for contractors and lien claimants on incomplete projects.
This document summarizes a webinar presented by Richard Macias on handling collection litigation. It discusses identifying potential parties that can be pursued for collection, such as shareholders, partners, guarantors and related parties. It also covers analyzing collectability, pursuing workouts, beginning litigation, using pre-judgment remedies, keeping costs low through discovery and settlement, obtaining judgments, and preparing for trial. The document stresses being organized and assembling all relevant documents before engaging legal counsel.
The document outlines regulations for subdivision and condominium projects in the Philippines according to Presidential Decree 957, including requirements for registration, licensing, project completion, payments, and violations. It establishes the Housing and Land Use Regulatory Board as the regulating agency and grants it exclusive jurisdiction over real estate cases. Key provisions include mandatory registration and licensing of projects and sellers, timelines for completion, rules for advertisements and project alterations, and penalties for non-compliance including revocation of licenses.
Technical Journal: SB800 Guide To Requirements And Response Strategiesjpetrich2125
SB 800 became law in California in 2002 to reduce construction defect litigation. It established new requirements for pre-litigation procedures and expanded the definition of actionable construction defects. The law aims to resolve disputes prior to litigation through mandatory notice and repair procedures. It applies to original homeowners and subsequent buyers of new residential units sold after 2003. SB 800 outlines functionality standards, warranty obligations of builders and homeowners, and altered some statutes of limitations for construction defect claims.
Rights of light are a type of easement that allow the owner or occupier of a building to prevent new neighboring structures from blocking their natural light. They are commonly misunderstood but can be measured based on the visible sky from the building. Owners are not entitled to all the light they currently receive. If infringed, remedies may include injunctions, damages, or negotiated "buy-out" payments based on a share of development profits. Developers must be proactive in investigating neighboring rights to avoid costly disputes.
The latest news and insights from the team at Adam Leitman Bailey, P.C. - must-read case highlights, articles, and recent press mentions key to expanding your knowledge of real estate law. In this issue, learn about the First and Second Department split on proprietary cooperative leases, how homelessness is effected by rent stabilization, how ALBPC won over $1M for a boutique brokerage firm, and more...
Clarifying Bad Faith Jurisprudence in Virginia, Federal Court Recognizes Bad ...NationalUnderwriter
Clarifying Bad Faith Jurisprudence in Virginia, Federal Court Recognizes Bad Faith Claim Against First-Party Insurer by Michael S. Levine
In Great Am. Ins. Co. v. GRM Mgmt., LLC,[1] a federal district court denied an insurer’s motion to dismiss a bad-faith claim arising out of the insurer’s denial of its policyholder’s claim for property damage and loss of business income following the theft of rooftop air conditioning units from the policyholder’s hotel. The ruling is significant because it illustrates that Virginia law supports first-party bad-faith claims against insurers.
Clarifying Bad Faith Jurisprudence in Virginia, Federal Court Recognizes Bad-...NationalUnderwriter
Clarifying Bad Faith Jurisprudence in Virginia, Federal Court Recognizes Bad-Faith Claim Against First-Party Insurer
In Great Am. Ins. Co. v. GRM Mgmt., LLC,[1] a federal district court denied an insurer’s motion to dismiss a bad-faith claim arising out of the insurer’s denial of its policyholder’s claim for property damage and loss of business income following the theft of rooftop air conditioning units from the policyholder’s hotel. The ruling is significant because it illustrates that Virginia law supports first-party bad-faith claims against insurers.
This document discusses various ways that a building contract can be determined or prematurely ended, including:
1) Determination by the employer or contractor due to breach of contract or insolvency of the other party.
2) Premature determination if a supervening event such as illegality, impossibility, or commercial sterility frustrates the purpose of the contract.
3) Force majeure events like acts of God that render performance impossible can also result in premature determination.
The duties of the employer and contractor are outlined depending on who determines the contract.
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
Pedal to the Court Understanding Your Rights after a Cycling Collision.pdfSunsetWestLegalGroup
The immediate step is an intelligent choice; don’t procrastinate. In the aftermath of the crash, taking care of yourself and taking quick steps can help you protect yourself from significant injuries. Make sure that you have collected the essential data and information.
Sangyun Lee, 'Why Korea's Merger Control Occasionally Fails: A Public Choice ...Sangyun Lee
Presentation slides for a session held on June 4, 2024, at Kyoto University. This presentation is based on the presenter’s recent paper, coauthored with Hwang Lee, Professor, Korea University, with the same title, published in the Journal of Business Administration & Law, Volume 34, No. 2 (April 2024). The paper, written in Korean, is available at <https://shorturl.at/GCWcI>.
Integrating Advocacy and Legal Tactics to Tackle Online Consumer Complaintsseoglobal20
Our company bridges the gap between registered users and experienced advocates, offering a user-friendly online platform for seamless interaction. This platform empowers users to voice their grievances, particularly regarding online consumer issues. We streamline support by utilizing our team of expert advocates to provide consultancy services and initiate appropriate legal actions.
Our Online Consumer Legal Forum offers comprehensive guidance to individuals and businesses facing consumer complaints. With a dedicated team, round-the-clock support, and efficient complaint management, we are the preferred solution for addressing consumer grievances.
Our intuitive online interface allows individuals to register complaints, seek legal advice, and pursue justice conveniently. Users can submit complaints via mobile devices and send legal notices to companies directly through our portal.
Receivership and liquidation Accounts
Being a Paper Presented at Business Recovery and Insolvency Practitioners Association of Nigeria (BRIPAN) on Friday, August 18, 2023.
Genocide in International Criminal Law.pptxMasoudZamani13
Excited to share insights from my recent presentation on genocide! 💡 In light of ongoing debates, it's crucial to delve into the nuances of this grave crime.
Corporate Governance : Scope and Legal Frameworkdevaki57
CORPORATE GOVERNANCE
MEANING
Corporate Governance refers to the way in which companies are governed and to what purpose. It identifies who has power and accountability, and who makes decisions. It is, in essence, a toolkit that enables management and the board to deal more effectively with the challenges of running a company.
Presentation (1).pptx Human rights of LGBTQ people in India, constitutional a...
Adam Leitman Bailey, P.C. Winter 2018 Newsletter
1. WE GET RESULTS
In nearly brand new decisions, WFCC Realty
Corp. v. Huang Hui Zhen, 59 Misc 3d 140 and
WFCC Realty Corp. v. Lin, 2018 N.Y. Slip Op.
51402(U), the Appellate Term, First Department
forced building owners to completely recon-
sider their methods for proving a rent-stabili-
zation-exempting substantial rehabilitation has
taken place in a building. Since 1995, landlords
seeking to establish such exempting construc-
tion took place in their buildings, relied on what-
ever forensic data was available to them—bills,
receipts, contracts, proofs of payment, and,
lacking these, Department of Buildings records
and forensic engineers expert estimations of the
ages of building systems. However, these WFCC
cases expand on concepts of Matter of Pavia v.
DHCR, 22 A.D.3d 393, 802 N.Y.S.2d 361 [2005]
to deny the use of these non-owner-maintained
records to establish the requisite proofs, effec-
tively making it impossible to prove an exemp-
tion to which the Owner would otherwise be
entitled.
“Substantial Rehabilitation” Defined
The laws that establish rent stabilization,
particularly the Emergency Tenant Protection
Act of 1974 set forth that buildings “substan-
tially rehabilitated as family units on or after
January 1, 1974” are not subject to rent stabi-
lization. (Emergency Tenant Protection Act
of 1974 “ETPA” §5(a)(5)) However, neither
the statute, nor its implementing regulation at
Rent Stabilization Code (“RSC”) §2520.11(e)
(3) define “substantial” or “rehabilitated” or the
phrase. For actual definition, one might wish to
look to a standard desktop dictionary, but...
The new rules of substantial rehabilitation to remove
units from rent regulation
Adam Leitman Bailey & Dov Treiman
MORTGAGE FINANCE
View online at alblawfirm.com/bestlawfirms-2019
Adam Leitman Bailey, P.C.
selected as a 2019 “best
law firm” in real estate—
one of only ten of its size
HONORS AND AWARDS
not yet received any reimbursement. If there is
no such advance to the workers (of whom some
may well be self-employed), then the risk of
nonpayment is fully shifted to those least likely
able to afford nonpayment, the actual manual
laborers.
A moment’s thought about the “pay-when-
paid” variation leads to the conclusion that if
the “when” is “never” then the payment never
occurs which means that under those circum-
stances, “pay-when-paid” boils down to “pay-if-
paid.” Thus, many courts and practitioners use
the phrases interchangeably (Welsbach Electric
Corp. v. Mastec North America, Inc., 7 N.Y.3d
624, 859 N.E.2d 498, 825 N.Y.S.2d 692 (2006),
footnote 2)...
Construction projects entail financial risk—
risks for the owners of the property, risks for
the banks financing them, risks for the general
contractor, subcontractors, even the construc-
tion workers. Naturally, all of these risk takers
seek to push off the risk to someone else. Many
of these push-offs the law allows; others are
legally intolerable. Where the risk imperils the
viability of the construction industry itself, one
highly favored by all who seek “progress,” legis-
latures select whom they will protect. Across the
United States, legislators have spent a century
considering the particular form of protection
known alternately as “pay if paid” and “pay
when paid.”
Pay-If-Paid Defined
The idea behind “Pay-If-Paid” is that a general
contractor will often wish to lower its financial
risk by entering into deals with its subcontrac-
tors under which the subcontractor is only paid
if, as, and when the general contractor receives
payment. Such a provision greatly reduces the
up-front expenditures of the general contrac-
tor and generally forces the subcontractor to
advance funds to its employees for which it has
Pay when paid, limits and limitations
Adam Leitman Bailey & Dov Treiman
Continue reading Pay When Paid on page 5.
REAL ESTATE LITIGATION
Seventy percent of Adam Leitman Bailey, P.C.
attorneys have been named to the New York
Metro area Super Lawyers and Rising Stars lists
for 2018, making the New York real estate firm
the only one of its size – under 30 attorneys – to
achieve such an impressive accomplishment.
Adam Leitman Bailey, P.C.
named to the 2018 super
lawyers & rising stars
lists—over two–thirds of
attorneys honored
HONORS AND AWARDS
View online at alblawfirm.com/super-lawyers-2018
Adam Leitman Bailey, P.C.
New York Real Estate ATTorneys
Winter 2018 Newsletter
Continue reading The New Rules on page 6.
2. TOP 100TOP 100
This past month, Adam Leitman Bailey, P.C.
spoke with a Vice President at [Fortune 500
company] who manages the subject television
studio that formerly complained it was unable
to do its job effectively as a result of the noise
interruptions during celebrity interviews. During
this call, she explained the problem had been
expunged, she no longer hears any noise or vibra-
tions and that the “mission is accomplished.”
[Fortune 500 company] came to Adam
Leitman Bailey, P.C. to solve a serious noise
nuisance: [Company’s] Fitness Studio gym,
located directly above the client’s live-action
performance studio, was creating severe noise
and sound vibrations that were greatly affecting
the ability of the client to conduct and record
interviews of its A-list celebrity guests.
The noise emanating from the gym, which
included the sudden and frequent dropping
of heavy weights, was so severe that the inter-
viewers and the guests were visibly startled
and distracted on stage during the recorded
interviews.
Equally troubling, and dangerous, the severe
vibrations caused by the dropping of the heavy
weights caused large portions of the ceiling
above the studio to crumble onto heads of
guests in the live audience. Despite the client’s
repeated complaints, the owner of the building
and the landlord ignored the client’s complaints
and failed to address the unbearable and danger-
ous conditions caused by the gym’s activities.
In a landmark decision for New York real estate
developers and owners, on August 2, 2018,
Judge Franc Perry issued the first decision in
New York history denying a temporary, limited
license sought by a developer pursuant to Real
Property Actions and Proceedings and Law
(“RPAPL”) Section 881.
“[T]he Court is in agreement with the respon-
dents in this matters. The Court is going to
dismiss the petition for a license as it has been
indicated that, although this may be solely about
money, there are other factors with regards to
the safety of the adjoining building that have
not been addressed in this proceeding.
As set forth below, this historic decision
dramatically impacts the rights of property
owners.
By way of background, a notable developer
(“Developer”) sought to construct a commer-
cial building in Chelsea.
From the onset of its project, the Developer
sought licensed access from the Board of
Managers (the “Board”) of the adjacent condo-
minium (the “Condominium”), and the individ-
ual owners of the units in the Condominium
that would be most impacted by the proposed
construction, in order to install protective
measures required by the New York City
Department of Buildings (the “DOB”).
Adam Leitman Bailey, P.C.
obtains landmark
decision denying
developer a license to
preserve safety of adjacent
condominium owners
REAL ESTATE LITIGATION
Read more at alblawfirm.com/cowboy-developer Read more at alblawfirm.com/tv-studio-noise
CONDOMINIUM AND COOPERATIVE
Stopping a gym’s noise
interruption at a
television studio
Adam Leitman Bailey, P.C. is a full service real estate and business law firm.
For more information about the firm or for a complete copy of any of
the decisions and articles mentioned, please contact Adam Leitman
Bailey at 212-825-0365 or email him at info@alblawfirm.com.
2 WE GET RESULTS (212) 825-0365
Adam Leitman Bailey, P.C.
3. theory that the corporate entity acts as a shield
to protect individual owners from personal liabil-
ity. With this game changer, ALBPC was able to
obtain a substantial settlement offer from the
Defendants.
ALBPC then discovered e-mails between
the client’s board president and the Sponsors’
contractors showing that we timely put the
Sponsor on notice of the defects within the
applicable statute of limitations period. Using
this information, the firm was also successful
in defending against the Sponsors’ motion to
dismiss, having successfully argued that the
Sponsor was on notice of the defective condi-
tion. Ultimately, we were able to bring in all of
the culpable parties as Defendants to the case,
which further increased the settlement pot.
During the court ordered settlement confer-
ence, ALBPC provided a comprehensive posi-
tional statement demonstrating
to the court all of the expert
reports that our office had
commissioned, detailing the
damages and the estimated...
Our client, a Board of Managers of an Upper
West Side condominium, came to Adam
Leitman Bailey, P.C. for help with the damages
caused by building defects in their newly built
condominium.
Adam Leitman Bailey, P.C. commenced a
Supreme Court litigation against the Sponsor
Developer entities and the individual prin-
cipals of the entities to recover damages for
the building defects, which resulted from the
grossly negligent construction by the Sponsor
Developer entities. The biggest issue was a leaky
roof that caused water to infiltrate the building.
In discovery, Adam Leitman Bailey, P.C. found
that the roofing subcontractor was not licensed
or properly insured, which was a big key to
getting a favorable settlement for the client.
ALBPC also made new case law in this matter
by successfully arguing that the individual prin-
cipals of the sponsor bear personal liability by
virtue of their certifying in the Offering Plan that
the condominium was built in conformance with
the plans. Prior to this case, the First Department
(New York County), in these cases, had held
that the principals do not bear personal liability
simply by signing the Offering Plan, under the
Gamechanging settlement creates new case law, wins
attorney fees & allows client to make building repairs
Adam Leitman Bailey, P.C. secured an import-
ant ruling clarifying several aspects of New
York City’s Reserve Fund Law, which requires
the sponsors that convert rental buildings to
condominiums or co-operatives to establish a
reserve fund for the building of 3% of the “total
price” of the offering, subject to a limited credit
for certain specified types of building capital
replacement work.
In a decision concerning the subject condo-
minium in Manhattan, in which Adam Leitman
Bailey, P.C. represented the Condominium
Board, the presiding justice of the New York
County Supreme Court Commercial Division
issued a ruling of first impression about whether
certain classes of work that were performed by
the condominium sponsor qualified as credits to
the reserve fund.
Because the statute requires qualifying work
to be a capital replacement, not a mere repair,
the judge disallowed credits for installing a single
layer of roofing membrane to an existing roof
and for repair of spalled concrete and recoating
of building terraces. She also held that because
the statute prohibited credits for work to cure
violations of record, where elevator work cures
violations, it does not qualify for a credit without
proof of what, if any, work did not involve curing
the violations.
The sponsor’s claimed capital replacement
work also involved the replacement of a substan-
tial number of sliding glass doors. The judge
found that such replacements would not qualify
as replacement of windows, as the sponsor had
argued, but nonetheless the credits for replace-
ment of the doors qualified as a major structural
Adam Leitman Bailey, P.C. obtains decision clarifying under New York
condominium/co-op reserve fund law
CONDOMINIUM & COOPERATIVE
Read more at alblawfirm.com/
reserve-fund-law-decision
The FinCEN Geographic Targeting Order has
been extended once again, now until May
15, 2019. With the extension came some new
changes to the Order.
New counties have been added to the Order.
The list now includes residential real property
located in Tarrant and Dallas Counties, State
of Texas; Cook County, State of Illinois; Clark
County, State of Nevada; Suffolk and Middlesex
Counties, State of Massachusetts; and King
County, State of Washington. The following,
which were all listed on the previous Orders,
still remain: New York, Kings, Bronx, Queens
& Richmond Counties, State of New York;
Bexar County, State of Texas; Honolulu County,
State of Hawaii; San Diego, Los Angeles, San
Francisco, San Mateo and Santa Clara, Sate of
California; and Miami-Dade, Broward and Palm
Beach Counties, State of Florida.
Other changes include the
removal of purchases through a
Trust and the removal of certain
confidentiality provisions...
FinCEN geographic
targeting order renewal
Rosemary Liuzzo Mohamed
MORTGAGE FINANCE
Read more at alblawfirm.com/
fees-and-repairs
CONDOMINIUM & COOPERATIVE
Read more at alblawfirm.com/
fincen-gto-new-changes
replacement.
In addition her decisions on the reserve fund
credits, the judge followed the prior Appellate
Division ruling in the case to find that where the
sponsor’s discounted price offer to tenant-of-
ferees (i.e. insider price) had expired before
the “effective date” of the sponsor’s offering a
pre-effective date offer an “insider” tenant at the
higher price to non-tenant offerees...
3WE GET RESULTSWWW.ALBLAWFIRM.COM
New York Real Estate Attorneys
4. In NYCTL 1998-2 Trust v. Alanis Realty LLC, et
al., Adam Leitman Bailey, P.C. successfully
defeated Defendant Alanis Realty LLC’s motion
to vacate the Judgment of Foreclosure and Sale
that was previously entered in this tax lien fore-
closure proceeding, under which Judgment
ALB, P.C.’s client took title to the premises as the
high bidder at the foreclose sale.
The defendant prior owner brought a motion
to vacate a Judgment of Foreclosure and Sale
and to unravel the sale arguing that it was never
properly served with process in the action. It is
well established law in the State of New York,
however, that jurisdiction is obtained by service
of process on the Secretary of State irrespective
of whether the process ever actually reached
the business entity, which was the case here.
Adam Leitman Bailey, P.C. was retained to
protect the interests of the current owner of
the premises. Adam Leitman Bailey, P.C cross-
moved to intervene in the action as a neces-
sary party and, simultaneously, opposed the
motion to vacate the Judgment of Foreclosure
and Sale. So as not to rely only on the argu-
ment that service upon the Secretary of State
conferred jurisdiction, ALB, P.C. also strategized
and argued that: (1) vacating the buyer’s good
faith purchase for value would be improper and
severely prejudicial, and (ii) Alanis Realty LLC’s
failure to tender the judgment amount bars
relief, regardless.
Less than two weeks after oral argument
before the Honorable Ben R. Barbato, J.S.C. in
Bronx Supreme Court, the Court denied Alanis
Realty LLC’s motion to vacate the Judgment
of Foreclosure and Sale in its entirety, thereby
protecting the interests of the current owner and
enabling it to utilize the premises as it pleases.
Jackie Halpern Weinstein, Esq. and William J.
Geller, Esq. at Adam Leitman Bailey, P.C. strate-
gized, drafted, argued, and secured this win for
the client.
Adam Leitman Bailey, P.C. defeats prior owner’s
motion to vacate judgment of foreclosure and sale
Adam Leitman Bailey, P.C.
You’re in a co-op building, and you have a
resident called a rent-regulated tenant (this
covers the older rent-controlled apartments and
the relatively more recent rent-stabilized units).
The rent-regulated tenant moved in many years
ago, before your building became a coopera-
tive, when it was a rental. In fact, if you look at
the history of cooperatives, many former rent-
als are now co-ops. When your rent-regulated
tenants leave, then those apartments become
free-market and part of the co-op.
What happens if you have a rent-regulated
tenant who is also a hoarder? I’m talking about
those people who live in apartments cluttered
high with newspapers – and visited by vermin
and bugs. Is this a health hazard? Absolutely.
A fire hazard? Absolutely. Is that dangerous for
your residents? Absolutely.
This is a serious problem, and most hoarders
need serious help. The board of directors is meet-
ing, and all of a sudden the subject “rent-regulat-
ed hoarder” comes up under your new business
section. Everyone wants to speak. Everyone has
gotten calls about this rent-regulated tenant/
hoarder.
You have someone you can turn to for help.
Remember: there is a non-resident owner of
this unit. He or she is not the “landlord” of that
rent-regulated apartment. To get the tenant out,
the owner has to be notified of everything. That
owner also has to be sued.
But that owner is probably going to be very
happy to be sued. That owner has a unit where
he or she is not getting the full rent, and the best
thing that could happen is if the board evicts the
tenant. They’ve been waiting 40 years to have
the tenant leave (through eviction or death), so
they can get the apartment back and sell it on
the market.
In these situations, the board should have
that owner hande the eviction. If you have an
aggressive owner, let him or her do the job, and
the board doesn’t have to spend money. If the
owner is not being aggressive, then the board
has to do the job. Either way, everybody should
work together for the common good.
Legal game changers for boards – rent stabilization law
Originally published by Habitat
FORCLOSURE LITIGATION
CONDOMINIUM &COOPERATIVE
4 WE GET RESULTS (212) 825-0365
Our mortgage servicing client commenced
a second foreclosure action in 2017 after
its first 2008 action failed. When the Borrowers
claimed that the mortgage had been accel-
erated by the 2008 action and could not be
enforced under the 6-year statute of limitations,
the servicer turned to Adam Leitman Bailey, P.C.
to save the mortgage loan.
Borrowers made a pre-answer motion to
dismiss under the statute of limitations. ALBPC
opposed Borrowers’ motion on a number of
grounds including that by the terms of the mort-
gage, Borrowers had the ability to reinstate the
loan up until a judgment was entered. Therefore,
since there was no prior judgment, the loan had
never actually been accelerated and the statute
of limitations had not expired.
The Court agreed and denied
Borrowers’ motion to dismiss.
The Court completely adopted
ALBPC’s argument that there
could not have been...
Adam Leitman Bailey, P.C.
saves mortgage from
statute of limitations
MORTGAGE FINANCE
Read more at alblawfirm.com/
acceleration-argument
Read more at alblawfirm.com/prior-owners-motion
Read more at alblawfirm.com/habitat-rent-
stabilization-law/
5. the value, or the agreed price, of such labor…”
The law of these liens, first enacted in New
York in 1830,[1] has evolved through the years
to increase the protections accorded to these
“mechanics.”
Lien Law §34, a later development, makes
contracts to waive the ability to assert the lien
unenforceable, stating, “Notwithstanding the
provisions of any other law, any contract, agree-
ment or understanding whereby the right to file
or enforce any lien created under article two is
waived,[2] shall be void as against public policy
and wholly unenforceable.” It was based on this
provision, as amended through the decades,
that the Court of Appeals in West-Fair Elec.
Contractors v. Aetna Cas. & Sur. Co., 87 N.Y.2d
148 (1995) ruled,
We hold that a pay-when-paid provision which
forces the subcontractor to assume the risk that
the owner will fail to pay the general contractor
is void and unenforceable as contrary to public
policy set forth in the Lien Law §34. By contrast,
a pay-when-paid provision which merely fixes a
time for payment does not indefinitely suspend
a subcontractor’s right to payment upon the fail-
ure of an owner to pay the general contractor,
and does not violate public policy...
New York Real Estate Attorneys
Illegality of Pay-If-Paid
Like many jurisdictions across the United
States, New York outlaws Pay-If-Paid clauses,
but, in New York’s case, only indirectly.
Generally speaking, prohibitions on contrac-
tual clauses in New York reside in Article 5 of
the General Obligations Law. However, the
cases questioning the enforceability of Pay-If-
Paid clauses do not point to any provision of
the General Obligations Law, but rather to the
Lien Law, even though in nearly none of those
cases has anyone filed a lien. Rather, the cases
construe the right to collect on the debt and
whether the debt has actually arisen, which thus
would hypothetically impact the right to file a lien.
The core concept in these cases is the
so-called “mechanic’s lien,” taking its name from
an obsolete meaning of the word “mechanic”,
being “one who is employed in a manual occu-
pation; a handicraftsman.” (Oxford English
Dictionary, Oxford University Press, 1971.)
These are governed by Article 2 of New York’s
Lien Law. Specifically, Lien Law §3 states, “A
contractor, subcontractor, laborer, material-
man… who performs labor or furnishes materials
for the improvement of real property with the
consent or at the request of the owner thereof…
shall have a lien for the principal and interest, of
Pay when paid
Continued from front page
Read more at alblawfirm.com/pay-when-paid
Acontract had been signed. Adam Leitman
Bailey, P.C. received a call when, after
finding “mouse droppings” during a visit to the
apartment, the buyers would not close. Because
our client was a celebrity, we immediately cut off
all contact with the real estate brokers to avoid
any unwanted publicity and, within an hour,
hired an exterminator to head to the multi-mil-
lion dollar Fifth Avenue premises. Not only did
the exterminator not find any sign of rodents,
but there was not even a mouse dropping to be
seen; the exterminator issued a report that the
apartment was rodent-free. This report was sent
to the buyers’ attorney immediately and within
days the closing was back on.
A month later, the closing was off again. We
received a call from the buyers’ counsel who
asked for his client’s deposit back. We told him
our client was ready to litigate to the end of time
before he would give back any money (which
was true). After he spoke with his client, the clos-
ing was back on again.
Now we were worried about the buyer throw-
ing the board interview by acting undesirable,
but the interview went fine. Adam Leitman
Bailey, P.C. called a time of the essence closing
and had a stenographer and videographer at the
closing. The apartment closed
and we were off to our next case.
Making sure the closing happens
PURCHASE & SALE OF HOMES
Adam Leitman Bailey, P.C. (“ALBPC”) was
retained by a leading title insurance carri-
er to defend a homeowner in Westchester
County who had contracted with a developer to
purchase a parcel of property and a home to be
constructed on it. Also a party to the contract
was a contractor, who was hired by the develop-
er to construct the new home and its appurte-
nance. One boundary line of the homeowner’s
property adjoins two neighboring properties.
The contractor hired a surveyor to survey the
boundary lines of the property to ensure proper
placement of a driveway, stone wall and plumb-
ing connections that were to be built by the
contractor.
After construction was complete, the home-
owner was notified by a county agency that
the surveyed boundary line was inaccurate. It
turned out that a portion of the stone wall, drive-
way and underground utilities encroached on
two neighboring properties. The surveyor did
a second survey confirming that the first survey
was inaccurate leading to the encroachment.
The neighbors sued the homeowner for
injunctive relief to remove the encroaching
structures, and compensatory damages for
trespass.
ALBPC attorneys immediately sprang into
action, poring over old deeds and proper-
ty records to prepare a detailed answer to
the complaint setting forth fifteen affirmative
defenses as well as counterclaims for adverse...
ALBPCnegotiates settlement
ending neighbor dispute
TITLE INSURANCEREAL ESTATE LITIGATION
5WE GET RESULTSWWW.ALBLAWFIRM.COM
Read more at
alblawfirm.com/
neighbor-
dispute
Read more at alblawfirm.com/
making-sure-closing-happens
6. For actual definition, one might wish to look
to a standard desktop dictionary, but, in fact,
the phrase “substantially rehabilitated” defies
the dictionary and is a term of art described by a
series of events that must have taken place and
under these decisions, memorialized by a partic-
ular set of documents.
Substandard or Deteriorated
The first of those events is that a building must,
through no fault of the current owner, came to
be “in a substandard or seriously deteriorated
condition.” RSC §2520.11(e)(3); see also DHCR
Operational Bulletin 95-2 (“OB95-2”), specifi-
cally OB95-2(I)(B). A presumption of substan-
dard or seriously deteriorated condition applies
“[w]here the rehabilitation was commenced in
a building that was at least 80% vacant of resi-
dential tenants.” [OB95-2(I)(B); see also RSC
§2520.11(e)(3)]. However, that 80% only uses
the presumption to satisfy the deterioration
requirement. There is no amount of vacancy
required as a threshold to substantial rehabilita-
tion itself.
In order to qualify for DHCR approved
substantial rehabilitation, it is imperative that
“[a]ll building systems comply with all applicable
building codes and requirements, and the owner
has submitted copies of the building’s certificate
of occupancy before and after the rehabilita-
tion.” [OB95-2(I)(D); see also RSC §2520.11(e)
(5)]. Proof regarding certificates of occupancy
is unnecessary in buildings exempt from certif-
icate of occupancy requirements.
The new rules of substantial rehabilitation
Continued from front page
Adam Leitman Bailey, P.C.
Adam Leitman Bailey, P.C. prevailed for its
clients in noise nuisance litigation, compel-
ling the plaintiffs to withdraw their case with prej-
udice, and without the clients being required to
pay even a dime.
Adam Leitman Bailey, P.C. represented the
owners of a full-floor, combined unit in a condo-
minium building located on Manhattan’s Upper
East Side. The plaintiffs, owners of the unit one
floor below, filed suit in Supreme Court, New
York County, alleging that the clients were
responsible for making unreasonable and intol-
erably loud noises starting as early as 6:30 or
7:00 a.m. on weekend mornings. According
to the plaintiffs’ complaint, such noises includ-
ed the sounds of jumping up and down, yelling
and screaming, playing of sports (like soccer,
hockey, or wrestling), banging, thumping,
running, heavy footsteps and commotion. The
plaintiffs retained an acoustical expert, who took
measurements allegedly showing that the levels
of noise measured in the plaintiffs’ apartment
and coming from the clients’ apartment to be
more than 400 percent louder than the ambient
noise in plaintiffs’ apartment. Plaintiffs alleged
that such levels of noise constituted violations
of the New York City Noise Code. Plaintiffs
sought injunctive relief to halt the alleged noise
nuisance, damages based on the alleged dimi-
nution in value of the plaintiffs’ apartment, and
punitive damages. Plaintiffs also sued the condo-
minium board for allegedly failing to enforce its
own rules.
Adam Leitman Bailey, P.C. successfully defends noise
nuisance litigation, compels plaintiffs to withdraw
MORTGAGE FINANCE
CONDOMINIUM & COOPERATIVE
6 WE GET RESULTS (212) 825-0365
Read more at alblawfirm.com/
substantial-rehab-new-rules
New York law does allow a condominium
board to sue a developer for construction
defects. However, the right of the board to sue
the developer is limited to construction defects
that affect the common elements of the condo-
minium building only. The law does allow the
board to sue on behalf of construction defects
that affect individual units, but only if the defect
involved is common to two or more units in the
building.
Q&A: can condo boards
sue developers for
defects?
Originally published by Super Lawyers
CONDOMINIUM & COOPERATIVE
Read more at alblawfirm.com/
developers-construction-defects
Adam Leitman Bailey, P.C., was retained by
a developer that had entered into a 2011
joint venture with another developer under
which they agreed to work together on govern-
ment-supported housing redevelopment proj-
ects. In 2017, the parties agreed that they could
independently work on new redevelopment
projects, but before the agreement reflecting
this was signed, ALBPC’s client started prepara-
tory work on a new project. The other developer
tried to kill this new project by bringing a suit
claiming that the new project should have been
in the joint venture, distributing the suit to the
public officials that would have to approve the
new project, and issuing intrusive subpoenas...
PRACTICE AREA
Read more at alblawfirm.com/
dissolving-venture
Read more at alblawfirm.com/noise-nuisance
Adam Leitman Bailey, P.C.
assists joint partner in
dissolving venture
7. New York Real Estate Attorneys
7WE GET RESULTSWWW.ALBLAWFIRM.COM
from building requirements to a duty to protect
against a potential attack as well as the proper
insurances to order including newer national
insurances and the necessary requirements for
replacement cash policies, private flood insur-
ance, preparing for the attack and other critical
issues ever practitioner must know to protect its
clients.
Presenting with experts from three states
suffering from natural and unnatural disas-
ters, Adam Leitman Bailey lectured to a full audi-
ence at the American College of Real Estate
Lawyers’ Fall Annual Meeting in New Orleans on
preventing casualties when catastrophic events
and natural disasters occur. The talk, “Surviving
the Apocalypse: Tales from Lawyers on the Front
Lines of Catastrophic Losses,” looked at real
experiences from lawyers who worked closely
with clients faced with the aftermaths of such
events. The panelists discussed best practices
and lessons learned, practical tips about prepa-
rations and documents, and valuable advice on
insurance coverage and claims.
Mr. Bailey discussed how New York has
progressed building to withstand the next casu-
alty as well as discussing the state of the law
Adam Leitman Bailey speaks on natural disaster
prevention at acrel annual conference
SPEAKING ENGAGEMENTS
Adam Leitman Bailey, P.C. hosted the clos-
ing lecture for the Syracuse University Law
School NYCEx program. During this lecture, Mr.
Bailey delved into his experiences in building
his firm while answering any questions that the
students had about his journey and what it took
to establish his law firm. As a Syracuse Law alum
himself, Mr. Bailey was both proud to host this
lecture and share his years of knowledge and
experience with the students, as well as humbled
to explain to them how he began years ago and
the growth he and the firm have achieved since.
Adam Leitman Bailey
hosts syracuse university
law school nycex closing
lecture
SPEAKING ENGAGEMENTS
Adam Leitman Bailey lectured on
“UnderstandingandTerminatingEasements”
to an enthusiastic group of claims attorneys
representing 26 states. Mr. Bailey covered differ-
ent types of easements and their application to
title insurance policy and title claims, analyzing
deeds to provide key “real-life” examples. He
then lectured on the various methods of termi-
nating easements. Mr. Bailey provided the audi-
ence with case
studies in order to
show them how to
use different types
of easements and...
SPEAKING ENGAGEMENTS
More on this at alblawfirm.com/homebookproject
New Milford intern
describes home project
COMMUNITY
Upholding the firm’s values and core beliefs
in supporting education for students of all
backgrounds, especially those who come from
underprivileged and under-resourced areas,
Adam Leitman Bailey, P.C. employees and
interns are dedicated to assisting our mission by
taking part of every step of the book publishing
process – from design to production to arriv-
al at the New York Port to mailing each book,
one-by-one, to various schools, libraries, and
non-profit organizations throughout the New
York City area and across the country.
Adam Leitman Bailey
speaks to fortune 500
company’s attorneys on
easements
Read online alblawfirm.com/homebookproject
New York Real Estate Attorneys
Adam Leitman Bailey, P.C.
One Battery Park Plaza
Eighteenth Floor
New York, New York 10004
Tel: (212) 825-0365
Email: info@alblawfirm.com
7WE GET RESULTSWWW.ALBLAWFIRM.COM
Read more at alblawfirm.com/
acrel-disaster-casualties
Read more at
alblawfirm.com/
easements-
lecture-2018