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Attorneys
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Legal News & Notes
- In a ‘Shocking’ Decision the Court of Appeals Finds Question of Fact when Plaintiff Is Propelled Off a Ladder
- The Court of Appeals Broadens What Can Be Considered ‘Routine’ Work
- The Court of Appeals Concludes the Plaintiff Does Not Get a Second Bite at The Apple
- Failure to Meet Its Evidentiary Burden Robs Insurer of Summary Judgment
- The First Department Hands out A Rare Win Based on The Failure to Appear for An EUO
- Joanna Roberto Published in DRI’s December Edition of For the Defense
- Questions of Fact Over Waiver and Estoppel Preclude Insurers’ Motion for Summary Judgment
- Sometimes a Fall Off a Scaffold Is Not Enough for Summary Judgment Under Labor Law §240(1)
- First Department Affirms $10 Million Award for TBI and Declines to Address Practice of “Anchoring” at Trial
- New York Courts Beginning to Define “Substantial Business Presence”, Triggering Out-of-State Insurers’ Duty to Comply with N.Y. Ins. Law §3420
- Bad Faith and Business Law Section 349 Claims Survive Motion to Dismiss
- New York State Court Rules that Business Interruption Claims due to Government-mandated Closures are Not Covered by Property Insurance
- New York Creates Uncertainty For Insurers With The ‘Comprehensive Disclosure Act’
- Claim Notes Are Discoverable in Dispute Over Additional Insured Coverage
- Court Expands Exposure Under Additional Insured Endorsement
- Is a Landlord Required to Foresee a Targeted Attack….Maybe?
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Construction Blog
- Most Construction Disputes Do Not Involve Unfair Trade Practices
- Contractors: Don’t Inadvertently Give Up Your Lien Rights – How Subordination Agreements and Lien Waivers Affect Mechanic’s Liens
- BEFORE PROCEEDING WITH LITIGATION, YOU NEED TO FULLY EVALUATE YOUR CONSTRUCTION CONTRACT CLAIM
- THE FALSE CLAIMS ACT: A BAD IDEA WHOSE TIME HAS (UNFORTUNATELY) COME
- AN OVERVIEW OF CONSTRUCTION CONTRACT DISPUTES
- A RECENT APPELLATE COURT DECISION PROVIDES SOME VALUABLE INSIGHT INTO MITIGATION OF DAMAGES, PAYMENT BOND CLAIMS, AND ALLEGED UNFAIR TRADE PRACTICES
- IN CASE YOU WERE WONDERING, MECHANIC’S LIENS AND PAYMENT BONDS REALLY DO PROTECT THOSE THAT SUPPLY LABOR, MATERIALS AND/OR SERVICES
- VERBAL AGREEMENTS ARE JUST AS GOOD AS WRITTEN CONTRACTS (ALMOST)
- A RECENT APPELLATE DECISION THAT PURPORTS TO EXPLAIN THE MEANING OF “CARDINAL CHANGE” ACTUALLY ONCE AGAIN DEMONSTRATES THE IMPORTANCE OF NEGOTIATING A FAIR CONTRACT
- IN MOST CASES, A CONTRACTOR THAT DOES NOT COMPLETE ITS WORK IS STILL ENTITLED TO SOME PAYMENT
- Are Contractors and Subcontractors Allowed to Rob Peter to Pay Paul When it Comes to Paying Subcontractors and Suppliers?
- NEGOTIATING A CONSTRUCTION CONTRACT CLAIM CAN FEEL LIKE LEGALIZED EXTORTION
- UNDERSTANDING HOW THE COURTS WILL INTERPRET YOUR CONTRACT
- HERE’S AN UPDATE ON THE EFFECT OF PRIOR RULINGS ON SUBSEQUENT LITIGATION
- DON’T LET YOUR MECHANIC’S LIEN RIGHTS LAPSE DURING THE COVID-19 PANDEMIC
- PROPOSED LEGISLATION IN NEED OF SUPPORT
- A RECENT SUPREME COURT DECISION DRAMATICALLY AFFECTS SUBCONTRACTORS’ RIGHTS
- How to Successfully Deal with OSHA
- When the Breach of a Construction Contract is not a Breach
- Connecticut’s Procedure for Substituting a Bond for a Mechanic’s Lien Needs to be Changed
- FILING A MECHANIC’S LIEN WITHOUT AN ATTORNEY IS ALLOWED BUT DIFFICULT TO DO SO CORRECTLY
- The Importance of Reading and Understanding Your Construction Contract
- WHAT TO DO WHEN YOU ARE NOT BEING PAID
- Remedial Work Does Not Extend the Deadline to Commence an Action on a Payment Bond
- A Recent Superior Court Decision May Affect Subcontractor/Supplier Mechanic’s Liens
- Slander of Title is Almost Always an Inappropriate Response to a Mechanic’s Lien
- Recent Decision Demonstrates the Importance of Complying with Contract Notice Provisions
- There are Times When Filing a Mechanic’s Lien May Not be the Best Option
- Possible Revisions to Connecticut’s Prevailing Wage Laws
- There’s a New Proposed Law Regarding Emergency Services That Everyone Should Support
- The Importance of Determining the Amount to Which You May Be Entitled After the Breach of a Construction Contract
- An Interesting Decision Discharges a Mechanic’s Lien
- Generally Speaking, Contracts That Can Be Terminated for Convenience Must Be Terminated In Good Faith
- A Mechanic’s Lien: Something Simple That’s Been Made Complicated
- An Owner’s Refusal to Issue Payment Might Amount to a Violation of the Unfair Trade Practices Act — But That’s Not Usually the Case
- Expansion of State’s Affirmative Action Program Remains in Effect
- The City of Hartford Stadium Authority Has Terminated the Developer of Dunkin Donuts Park — Here’s What Comes Next
- Quick Connecticut Legislative Update
- Basing a Claim on the Total Cost Approach is Likely Throwing Good Money After Bad
- Design Professional Liability Raises Interesting Questions
- Expansion of State’s Affirmative Action Program May Be Problematic
- The Little Miller Act Time Limits are Only Mandatory for the Claimant and Not the Surety
- A Recent Supreme Court Decision Found an Owner of a Construction Company Personally Liable to the Owners of a Project
- National Labor Relations Board Expands Joint Employer Status
- Contractual Time Limits for Providing Notice of Claim Must be Taken Seriously
- Only the “Owner” may seek Judicial Discharge of Mechanic’s Liens
- Recent Local Law Shows that the Law’s Understanding of Blasting is not Improving
- Recent Supreme Court Case Teaches Important Lessons
- Changes to the Prevailing Wage Law Considered
- Public Owners Have Substantial Discretion in Determining the Lowest Responsible Bidder
- With Payment Bond Claims, Different Rules Apply to the Bond Claimant and the Surety
- Mechanic’s Liens – Legislative Update
- The Right to Arbitrate may be Waived if Opposing Party Suffers Prejudice
- Recent Decision Discusses Procedure for Challenging the Arbitrability of a Dispute
- A Contractor May Still Recover Monies Due For Work Performed Pursuant to an Unenforceable Contract
- Beware of No Damages for Delay Clauses
- An Examination of a Recent Court Decision Discharging a Mechanic’s Lien
- An Explanation of The Home Improvement Act’s Licensed Contractor Exception
- It is Not Always Clear Cut Which Services May Be the Basis of a Mechanic’s Lien
- Arbitrators May Amend or Correct Their “Final” Decisions
- A Connecticut Court Grants Defendant’s Motion To Stay An Application To Discharge Mechanic’s Lien Pending Arbitration
- The Appeal of A Decision Discharging a Mechanic’s Lien Can Potentially Be Rendered Moot
- If Your Mechanic’s Lien is Discharged, You’ve Lost the Battle But Not the War
- Construction Claims May Come From A Variety of Sources
- Understanding Unabsorbed Home Office Overhead
- Contractors Have Statutory Rights That They May Assert During Payment Disputes
- After Nine Years, There is Still Ambiguity in The State’s Prequalification Program
- Recent OCIP Decision Reminds Contractors About the Importance of Contract Language
- A Cautionary Tale for All Subcontractors
- Connecticut Statutes Provide Assistance with Receiving Prompt Payment on Public and Private Construction Projects
- You Should (Almost) Never Request a Jury for a Construction Case
- Restarting the 90 Day Clock to File a Mechanic’s Lien
- Court Upholds A Mechanic’s Lien Served More Than A Year After It Was Filed
- Different Treatment for Different Mechanic’s Lien Deadlines
- Pending Legislation Concerning Mechanic’s Liens
- Arbitrability: Who Decides Who Gets To Decide?
- Another Step Closer to Understanding Pay-When-Paid Clauses
- Subcontractors Only Have Very Limited Rights Against Public Owners
- A Contractor That Acts as His Own Expert Witness May Inadvertently Waive Attorney Client Privilege
- The Contract and Not Common Sense Determines the Proper Parties to an Arbitration
- The Standard Procedure for Obtaining Lien Waivers May Be Ineffective
- Court Rules That the Government Contractor Defense is Not Applicable to Road Reconstruction Projects
- Subcontractors Only Have Very Limited Rights Against Public Owners
- Public Owners Cannot Arbitrarily Award Contracts
- Payment Bond Claimants Should Consider Additional Causes Of Action
- Don’t Get Creative When Attempting To Enforce Mechanic’s Lien Rights
- Notice Requirements For Construction Claims Against The State Of Connecticut
- Act Promoting Fairness In Private Construction Contracts? Hardly.
- “Pay when Paid” versus “Pay if Paid”
- The Connecticut Home Improvement Act Has Harsh Penalties With Limited Exceptions
- What to Do When You Don’t Have Time to Wait for a Written Change Order
- Construction Law & Litigation
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Legal News & Notes
- Events
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News
- Fear No More - Court of Appeal Rejects Treble Damages Against Municipality
- No Expanded Duty: Appellate Division Rejects Creating New Duty for Rental Companies
- Client Alert: New York Commercial Division Formalizes Process for Amicus Curiae Briefs -What Business Litigants Need to Know
- Untying a Knot: Securing Summary Judgement in a Complex Chain-Reaction
- Not Even Time for Lunch: Jury Delivers Defendant's Verdict in 50 Minutes
- Trending: Courts Push the Envelope to Find Liability in Tragic Situations
- Good News for Judgement Creditors: No New York Ties? No Problem
- Is the Tide Turning? Appellate Division Allows Plaintiffs to Be Questioned About Civil RICO Suits
- The Jury Spoke: Give Them Every Single Penny They Spent
- Trending: Court of Appeals Slams Door on Expanded Liability
- Aggressive Defense Provides a Win
- Chipping Away at Fraud Article
- JUST SIGNED: Governor Expands Use of Affirmations in Civil Cases
- STOP-DO NOT PASS GO: Court Shuts Down Plaintiff's Attempt to Try Damages Together with Liability
- The One Two Punch: Court Grants Summary Judgment Dismissing Case on 2 Grounds
- What Jurors Are Thinking: Jury Trends You Must Know
- Batten Down the Hatches: A Tsunami is Coming for Third-Party Practice in New York
- Winning for Our Clients: GCKB Scores Two Appellate Wins
- Caveat Emptor: Appellate Division Deems Fake AI Cities Frivolous
- Tipping the Balance Towards Plaintiffs: Is the First Department Expanding Defendant's Evidence Preservation Obligations?
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- Gerber Ciano Kelly Brady Lawyers Recognized in The Best Lawyers in America© 2023 and Ones to Watch
- Gerber Ciano Kelly Brady Attorneys Recognized in The Best Lawyers in America © 2022 and Ones to Watch
- Gerber Ciano Kelly Brady Ranked as One of The 2023 “Best Law Firms” by U.S News and World Report for Fourth Year in A Row
- Gerber Ciano Kelly Brady Ranked as One of The 2022 “Best Law Firms” by U.S. News and World Report for Fourth Year in A Row
- Twenty-Three Gerber Ciano Kelly Brady Attorneys Named to 2021 Super Lawyers
- Twenty-Eight Gerber Ciano Kelly Brady Lawyers Named to 2022 Super Lawyers
- Gerber Ciano Kelly Brady Reinforces Its Insurance Coverage and General Litigation Groups with Two New Attorneys
- Gerber Ciano Kelly Brady Welcomes New Attorneys in Hartford and Buffalo
- Gerber Ciano Kelly Brady Named Again as One of Amercia’s “Best Law Firms” by U.S. News & World Report
- Gerber Ciano Kelly Brady Attorneys Recognized in The Best Lawyers in America© 2021
- Gerber Ciano Kelly Brady Welcomes Two New Additions to Their Litigation Team
- Gerber Ciano Kelly Brady Lawyers Recognized in the Best Lawyers in America© 2024 and Ones to Watch
- Twenty-Eight Gerber Ciano Kelly Brady Lawyers Named to 2023 Super Lawyers
- Gerber Ciano Kelly Brady Ranked as One of The 2024 “Best Law Firms” by U.S News and World Report for Fifth Year in A Row
- Top 10 Construction Law Firms - Construction Business Review
- 2024 Top Women NY Metro Super Lawyers
- Gerber Ciano Kelly Brady Lawyers Recognized In The Best Lawyers In America© 2025 And Ones To Watch
- Gerber Ciano Kelly Brady LLP Names Six New Equity Partners
- Twenty-Five Gerber Ciano Kelly Brady Lawyers Named to 2024 Super Lawyers
- Gerber Ciano Kelly Brady Ranked as One of The 2025 “Best Law Firms” by U.S News and World Report for Sixth Year in A Row
- 2025 Top Women NY Metro Super Lawyers
- Gerber Ciano Kelly Brady Announces Collaboration with Italian Law Firm Rödl & Partner Italy
- FOUNDING PARTNER FRANK J. CIANO JOINS NAM AS HEARING OFFICER
- GERBER CIANO KELLY BRADY LAWYERS RECOGNIZED IN THE BEST LAWYERS IN AMERICA© 2026 and Ones to Watch
- Twenty-Eight Gerber Ciano Kelly Brady Lawyers Named to 2025 Super Lawyers
- GERBER CIANO KELLY BRADY RANKED AS ONE OF THE 2026 “BEST LAW FIRMS” BY U.S NEWS AND WORLD REPORT FOR SIXTH YEAR IN A ROW
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