
Construction
Law News:
The New York Wicks
Law which requires
four separate prime contracts and four separate sets of drawings
and specifications on all state and municipal projects was first
enacted in 1921. The original statute underwent major modifications
in the last legislative session. While many have referred
to these changes as Wicks Law "reform", the accuracy of
that description remains to be seen. One aspect of the statute
, granting all entities throughout New York State the right to pre-qualify
contractors has the potential to create a host of new complications
for the unprepared contractor. In our recent article, "Prequalification
under Wicks Law 'Reform'", this issue was
addressed.
Click
here
for the full article (PDF)
In
July 2008, New York City Mayor Bloomberg announced and implemented
a three year pilot program that eliminates the onerous No
Damage For Delay (NDFD)
clauses (Article 13) in City projects that meet certain criteria.
THe NDFD reform is designed to improve the City's contracting
efforts and increase competition thus driving down the cost of capital
construction. This program is a commendable first step, but
more reform must come. Our recent article published in the
October 2008 issue of Subcontractor News, discusses
this issue in detail.
Click
here
for the full article (PDF)
Labor
Law News- Updated New York State
Prevailing Wage Law Notice Requirements effective February 24, 2008
Click
here
for the full article (PDF)
Insurance
Coverage News- Our recent article concerning an insured's
alleged failure to provide timely notice to its carrier highlighted
the pro-insurance bias of current New York law, which often artificially
protects insurance companies.
However,
it is equally important to recognize that insurance companies also
have a burden to provide timely written notice of an intended
disclaimer “as soon as reasonably possible”, whether or not the
insured has provided notice to its carrier in a timely fashion.
Interestingly, if an insurance company fails to timely notify an
insured that it is not providing coverage because of “late notice”
by the insured, the insured's late notice is excused .
A
recent article in our “Protecting Your Insurance Protection”
series, Carriers Must Act Timely to Disclaim
Coverage , published in the October 2007 issue of
Professional Insurance Agents Magazine , discusses
this issue in detail.
.
Click
here
for the full article (PDF)
Henry
L. Goldberg was selected as one of the Top Construction
Attorneys in New York Metro as featured in 2008
New York Super Lawyers. The
Super Lawyers survey honors the top 5 percent of attorneys in Manhattan
as chosen by their peers and through the independent research of
Law & Politics Magazine.
Mr.
Goldberg has also been inducted into The MOLES.
The Moles, a fraternal organization of the heavy construction industry,
is the most prestigious organization of its kind in the world. Moles
members are leaders in their profession who are dedicated to promoting
the industry and supporting their colleagues through a variety of
programs
Henry
L. Goldberg has been appointed to The Associated General Contractors
of America's (AGC) 2009 Highway BridgeCommittee
and Surety Bond Committee and has been appointed
as Expert Advisor to the American Arbitration Association.
Theresa
Brennan Murphy, former partner at Cozen O'Connor joins
Goldberg & Connolly as
a Senior Litigator in its Construction Law, Insurance Coverage and
Litigation Groups.
Click
here
Darrell
W. Harp, Esq. has joined G&C as Counsel. Mr. Harp joins
us after a distinguished 32-year career as General Counsel and
Assistant Commissioner for Legal affairs to the New
York State Department of Transportation (NYS-DOT).
Click
here for the full press release (PDF)

Henry
L. Goldberg moderated
the New York City Chapter of the Construction Financial Management
Association's (CFMA) annual “Public Agencies”
program on October 28th, 2008. Mr. Goldberg moderated
a panel discussion on "Doing business with New York's Public
Agencies which consisted of distinguished public officials from
MTA/New York City Transit and The Port Authority of New York and
New Jersey Click
here
G&C’s
continuing professional educational programs for accountants
and surety bond producers - Keep up to date on the
changes in the New York State Labor Law and its impact on your clients
who work on public work projects. Goldberg & Connolly has a
new Prevailing Wage Seminar that is approved by both the New York
State Department of Insurance and the New York Board of Accountants.
Earn two (2) Continuing Education Credits for your license requirements.
Future programs are in the works for “surety bond claims,”
“construction law for the non-legal construction professional,”
and “claims for construction delays.”
Government Contracting
– Our Federal Contracts Practice Group Director, Norman A.
Steiger, a long standing member of the NCMA and NDIA, conducts frequent
seminars on a variety of government procurement topics .
For information on any of our Seminars click
here or contact our Director
of Practice Development.
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