Changes in NY Law Significantly Affect Retainage Withheld in Private Construction Contracts
November 21, 2023 | David M. Grill | Pia E. Riverso | 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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NYC Department of Buildings Rescinds Phase 1 Reopening Guidance and Related Bulletins
July 9, 2021 | Pia E. Riverso | Construction

On July 8, 2021, the New York City Department of Buildings issued Building Bulletin 2021-009 rescinding DOB’s Phase 1 Reopening Guidance and Building Bulletins 2020-006, 2020-010, 2020-015 and 2021-008. A copy of the BB 2021-009 may be found at the following link:

Each of these Building Bulletins and the Reopening Guidance dealt with procedures

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NYC Dept. of Buildings’ Moratorium on Wellness Regulations Expires July 7, 2020
July 7, 2020 | Pia E. Riverso | Construction

The New York City Department of Buildings (DOB) previously issued a restart guidance for resumption of construction. The guidance can be found at

Pursuant to the guidance, construction projects subject to permits issued by the DOB, or otherwise regulated by the New York City Construction Codes and the New York City Electrical Code, may

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Updated ESD Guidance on Essential Business and Construction
April 13, 2020 | David M. Grill | Pia E. Riverso | 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 | David M. Grill | Erez Glambosky | Jeremy B. Honig | Pia E. Riverso | 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 | David M. Grill | Jeremy B. Honig | Pia E. Riverso | 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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