One of the key protective documents for Owners during the course of construction is the lien waiver. A lien waiver is a signed document from a contractor, subcontractor, materialman, equipment lessor or other party to the construction project stating they have received payment and waive any future lien rights to the owner's property (of the owner). Owners typically expect that the lien waiver is iron-clad once signed by a contractor, and may be surprised to find out that despite a signed lien waiver, the contractor may be able to file and foreclose upon a valid lien against a project. This type of mistake can be costly to a Developer-Owner and can be avoided with the right representation. Our attorneys are experts on the drafting of lien waivers and are intimately familiar with the challenges of enforcing them. We are available to assist you on both a legal and practical level to facilitate the effective management and winding-up of your Project.
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 Appeals in Corinno Civetta Constr. Corp. v. City of New York, 67 NY2d 297 (1986) in denying dismissal motions based upon the clause. Those exceptions are:
In an effort to limit liability, a party rendering services to another may attempt to introduce contractual language that could impair an indemnification claim.
Posted by: Aliza Ganz
Posted by: Kalvin Kamien