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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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.

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

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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.

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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.

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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).

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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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