Goldberg & Connolly has obtained a $4.2 million settlement from NYC Health & Hospitals Corporation (HHC) and  the Dormitory Authority of the State of New York ( DASNY) for B.G. National Plumbing & Heating.

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Chambers USA has again acknowledged Goldberg & Connolly as a leader in Construction Law for 2009.  According to the Chambers USA web site and publication:

"Goldberg & Connolly.... is widely recognized as an authority on representing contractors on major public construction projects, and has advised on the rehabilitation of many of New York 's landmark bridges and highways.... offer a unique perspective on public construction matters that is enormously helpful to clients. Similarly useful is the team's knack for building strong relationships with New York 's public owners, which often leads to the speedy and amicable resolution of disputes. The group acts for some of the biggest contractors in the New York market...and clients commend the team as “a responsive and businesslike group that understands the issues we face and treat our problems as their own.”

Henry L. Goldberg was selected as one of the Top Construction Attorneys in New York Metro as featured in 2009 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.

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.

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Labor Law News- Updated New York State Prevailing Wage Law Notice Requirements effective February 24, 2008

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Contractor Coverage News-  The "Empty" Policy –Coverage is a Zero Sum Game

- Know What You Actually Purchased

"Let the buyer beware!"  Those were the words of a recent New York court decision with regard to the enforcement of several exclusions in a general liability coverage policy that essentially rendered the policy meaningless. 

In that case, a subcontractor was required by its subcontract to purchase general liability coverage and name the general contractor and owner as additional insureds – the usual situation on most construction projects. The subcontractor purchased such insurance which named the general contractor and owner as additional insureds, but the policy contained three exclusions:

(1) an employee exclusion;
(2) an exclusion for roofing work; and
(3) an exclusion for any liabilities assumed under contract or agreement. 

When a worker of the subcontractor was injured on the project, the owner sought indemnification from the subcontractor's insurance carrier, but the coverage was denied under the three exclusions mentioned above. The owner subsequently tried to enforce the indemnification and insurance provisions of its contract (with the general contractor making the same claims in court).

Click Full Article for more information about this case.

G&C Conducts Seminar on the New Private Sector Prompt Pay Act for the Subcontractors Trade & Wall-Ceiling & Carpentry Trade Associations  G&C held a "standing room only" program on January 13, 2010 at the Crowne Plaza Hotel at Laguardia Airport for STA members and an equally well attended program on April 27, 2010 at the New York Gun Club for the WCC membership.  New York's previously enacted Prompt Payment Act for construction work on private projects was the target of much criticism for its lack of any meaningful enforcement mechanisms. Unlike the previous Act, the new Prompt Payment Act actually has "teeth" that should create real methods for enforcing timely payments. For a complete review of the amended provisions please click here

Goldberg & Connolly is a Gold Sponsor of the George A. Fox New York "Tunnel Shaft Construction Conference on Tuesday, January 26, 2009 which is presented by  the Underground Construction Association of SME ( UCC of SME).  To register click here

Henry L. Goldberg moderated the New York City Chapter of the Construction Financial Management Association's (CFMA) annual “Public Agencies” program on October 27th, 2009. 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 accountantsand 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.”

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