New York Construction Practice Team Obtains Summary Judgment And Dismissal Of Labor Law Claims

In Trujillo-Cruz v. City of New York, et al., New York Partner Inderjit Dhami, a member of New York Partner Meghan A. Cavalieri’s Construction Practice Team, recently obtained summary judgment and dismissal of the plaintiff’s Labor Law §240(1), §241(6) and §200 claims dismissing the entire case against national developer and construction company clients.

The plaintiff alleged to have sustained injuries as the result of a construction site accident occurring on July 11, 2018, while in the […]

By | December 15th, 2024 ||

Commonly Used Progress Payments In Construction Contracts Do Not Render Them Installment Contracts

In BIL-JIM Construction Company, Inc. v. Wyncrest Commons, LP, 2023 WL 7276637 (Unpublished, decided November 3, 2023), the New Jersey Appellate Division was asked to consider two issues regarding the interpretation and application of a construction contract that utilized the standard form American Institute of Architects owner/contractor agreement (AIA Document A101-2007) (the “AIA Contract”). Specifically, it was asked to consider: 1) whether a modified AIA Contract was an “installment contract,” whereby each progress payment was […]

By | December 4th, 2023 ||

Construction Industry Groups Challenge DOL’s New DBRA Regulations

Less than a month after taking effect, the Department of Labor’s (“DOL”) broad changes to the regulations implementing Davis-Bacon and Related Acts (“DBRA”) are facing legal challenges in two federal courts. These newly-filed lawsuits could change things for those trying to navigate the new regulatory landscape. Contractors on DBRA-covered contracts should keep an eye out for developments.

On October 23, 2023, DOL’s final rule updating the regulations implementing DBRA became effective. The first major overhaul […]

By | November 29th, 2023 ||