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June 2010 Archives

New York City Department of Buildings Stalled Sites Program

The City of New York has recently enacted legislation allowing Owner-Developers of stalled construction sites to quickly restart construction by voluntarily participating in a new site safety program in exchange for the right to renew building permits for up to four years. The details of the Local Law 70 of 2009 can be found here.

The Importance of an On-site, Full-time Owner's Representative

In the usual case, problems that arise during construction are not the subject of dispute resolution until a project is substantially completed. Owners may then find that negotiated construction contract provisions with regard to required written notice of claims, contemporaneous back-up documentation, and the process for extra work and delay claims have not been followed. An owner subsequently has to deal with construction contractors' claims of waiver of contract provisions, constructive notice of the claims, and "he said/she said" arguments in resolving disputes. In addition, the claimant contractors are on the job daily, can testify on "personal knowledge", have contemporaneous documentation, and are usually "litigation savvy".

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