Construction Litigation
SPONSOR ACE IN THE HOLE: THE INDEMNIFICATION CLAIM
In the usual case, claims by a sponsor against a construction manager or contractor ("contractor") for construction defects in a condominium building are subject to the six (6) year statute of limitations for contract claims, which starts to run from the date the...
No Damages for Delay Clause Found to be Enforceable, Despite 22 Month Project Delay
Although it is settled law that a no-damages-for-delay clause which exculpates a contractor from liability for damages resulting from delays in the performance of the work is generally enforceable, various courts have applied the exceptions enunciated by the Court of...
Contractual Indemnity Language Effects and Enforceability
In an effort to limit liability, a party rendering services to another may attempt to introduce contractual language that could impair an indemnification claim.An example of such language is as follows:"In no event shall the indemnification obligation extend beyond...
Project Owner Permitted to proceed Upon direct Claim against subcontractor despite lack of privity
Posted by: Kalvin Kamien Although, as a general rule, a project owner is precluded from proceeding upon a direct claim against a subcontractor due to a lack of privity (See Owssom Builders, LLC v. J & F Refrigeration Air Conditioning and Heating, Inc., 28 Misc. 3d...