Issue: 2024 Vol. 49, No. 1

Summary of Decisions: Contract Ambiguity / Flow Down Provision

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

New York State Legislation Limiting Withholding of Retainage on Private Construction Projects: What Does It Mean for Your Contracts?

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