Recent Publications - David M. Grill


Changes in NY Law Significantly Affect Retainage Withheld in Private Construction Contracts
November 21, 2023 | Construction

On Friday, November 17, 2023, Governor Hochul signed into law a bill which limits the retainage held on construction contracts for private improvements to 5% of the contract price from inception of the project – this applies to an owner’s withholding of retainage from a contractor, as well as a contractor’s retainage withheld from subcontractors.

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Updated ESD Guidance on Essential Business and Construction
April 13, 2020 | Construction

On April 9, 2020, the New York State Empire State Development (ESD) updated its “Guidance for Determining Whether a Business Enterprise is Subject to Workforce Reduction Under Recent Executive Orders” (the “Guidance”).

In the updated Guidance, ESD adds two new essential business categories, provides additional details regarding which activities constitute “essential construction,” expands the list

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New York Halts All Non-Essential Construction
March 27, 2020 | Construction

Amid the exponential increase of COVID-19 cases in the State of New York and, more specifically in New York City, Governor Cuomo today issued an order requiring all “non-essential” construction in the State of New York to shut down, with the exception of: (i) emergency projects necessary to protect the health and safety of building

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Protect Your Construction Project from Problems Related to Coronavirus
March 16, 2020 | Construction

The impact of COVID-19 on construction and development is evolving each and every day. Issues have arisen, and will continue to arise, with respect to maintaining project schedules, safety concerns, and learning of and complying with the rapidly changing rules, guidelines and regulations that are being implemented on a daily, and even hourly basis. Checking

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