49-1. Defendant-general contractor entered into a subcontract with plaintiff related to paving work on an airport owned by the Village of Sidney, New York. The terms of the subcontract included a quote provided by plaintiff related to pricing from 2017. The quote indicated that pricing was based on prevailing wage rates and the current index for … Continued

On Nov. 17, 2023, Governor Kathy Hochul signed legislation amending New York’s General Business Law Sections 756-a and 756-c, known as the Prompt Payment Act, to limit the withholding of retainage on private improvement construction projects. The amended Prompt Payment Act sets the maximum amount of retainage that can legally be withheld on a private … Continued

Breach of Contract/Notice to Cure 48-9. In this case, plaintiff, a homeowner, commenced a breach of contract action against an individual defendant who had entered into a home improvement contract as a d/b/a of a non-existent corporation. The individual defendant himself was not a party to the contract. When the lower court dismissed the complaint against … Continued

Arbitration 48-1. Plaintiff and a contractor entered into an agreement to build a new home. The contract had a provision related to the contractor’s purchase of a limited warranty administered by defendant. Both plaintiff and the contractor enrolled in the defendant’s warranty program that contained an arbitration agreement which clearly provided that it was governed by … Continued