Publications

Articles

2017

May 2017
Are You Sure That Agreement Must Be In Writing?
Henry L. Goldberg

April 2017
Subcontractor Saved by Contractor’s Failure to Strictly Comply with Termination Procedure
Henry L. Goldberg

March 2017
Insurance Coverage: You May be Flying without a Parachute
Henry L. Goldberg

February 2017
Passport - NYC’s Overhaul of Vendex
Henry L. Goldberg

January 2017
NYC Damages-for-delay "pilot Program" was No Reform At All
Henry L. Goldberg

2016

December 2016
NYC-SCA Contractors: Be Aware of New Exception to Catastrophic Waiver of Claim Provision
Henry L. Goldberg

November 2016
Private Development on Public Land – STA Legislative Victory Undermined by Appellate Court
Henry L. Goldberg

October 2016
HIGH COURT FINDS CONSEQUENTIAL DAMAGES AVAILABLE TO POLICYHOLDERS IN BAD FAITH CLAIMS AGAINST CARRIERS

September 2016
Credit and (Almost) No Credit: Changes To New York State MWBE Rules Regarding "Brokers" and "Suppliers"
Henry L. Goldberg

What Does Nyc Vendex Say About Your Company And You?
Henry L. Goldberg

July August 2016
The Mechanic’s Lien for Retainage: Is This the Solution?
Henry L. Goldberg

June 2016
"C.O.F.E.D. REFORM" - SEE IT THROUGH TO THE GOVERNOR’S DESK!
Henry L. Goldberg

May 2016
Dangers In Subcontract Formation
Henry L. Goldberg

April 2016
Protecting Your Payment Bond Rights
Henry L. Goldberg

March 2016
The Mechanic's Lien - A Powerful Weapon For Payment- Use it Early or Lose it!
Henry L. Goldberg

February 2016
Article 3-A of the New York Lien Law- Know your Rights
Henry L. Goldberg

January 2016
M/W/DBE COMPLIANCE: - Protect Your "Good Faith Effort" Defense
Henry L. Goldberg

2015

November 2015
N.Y APPELLATE COURT SUPPORTS SUBCONTRACTOR "WALKING OFF" FOR NON-PAYMENT
Henry L. Goldberg

October 2015
"Best Practices" For Survival In Today's Hyper-Legal Environment
Henry L. Goldberg

September 2015
Construction Contract Notice Provisions Sub Contractor Wins On Technicality
Henry L. Goldberg

July/August 2015
"Incorporation By Reference" In Trade Contracts What Really Flows Downstream?
Henry L. Goldberg

June 2015
Legislature Considering "Additional Insured" and Indemnity Limitations for Construction Contracts
Henry L. Goldberg

May 2015
M/W/DBE Credit Recognition for the Purchase of Material and Supplies
Henry L. Goldberg

April 2015
Another "C.O.F.E.D." Danger - To Whom To Give That Critical Notice
Henry L. Goldberg

March 2015
Finalized Changes To Federal DBE Program
Henry L. Goldberg & Erik A. Ortmann

February 2015
When are "Liquidated Damages" Enforceable
Henry L. Goldberg

January 2015
goldberg & connolly closes out 2014 with two appellate victories!
Henry L. Goldberg
School Construction Authority Bill Signed Into Law by Governor Cuomo!
Henry L. Goldberg

2014

December 2014
standing up to your insurance carrier: additional insured may still be covered despite attempted disclaimer by carrier
Henry L. Goldberg

Novermber 2014
be prepared: osha's new rule on reporting serious workplace injuries and deaths – effective 1/1/2015
Henry L. Goldberg

October 2014
"contractual risk transfer in the current construction insurance market" are you really covered?
Henry L. Goldberg

September 2014
enough with the cofeds!
Henry L. Goldberg

May 2014
Mechanics' Lien Salvaged ...by A Hair
Henry L. Goldberg

April 2014
Claims Against New York City: Preserving Your Article 27 Contract Rights
Henry L. Goldberg

March 2014
Office fit-outs and the lien law
Henry L. Goldberg

February 2014
unjust enrichment claims- a "hail mary" play
Henry L. Goldberg

January 2014
Preserving your mechanics' lien and payment bond rights, a handy tool
Henry L. Goldberg

2013

December 2013
Preserving Your Mechanics' Lien and Payment Bond Rights, a Handy Tool
Henry L. Goldberg

November 2013
Is the City of New York an "Unreasonable" Public Owner? Let Me Count The Ways…
Henry L. Goldberg

October 2013
One-Sided Construction Contracts … Two Recent New York Cases, Importantly, Buck the Trend
Henry L. Goldberg

September 2013
New York Legislative Update: Who Knew?
Henry L. Goldberg

July 2013
Avoid Forfeiting Valuable Claims and Other Rights in Extension of Time Requests
Henry L. Goldberg

June 2013
Enough With The Cofeds!
Henry L. Goldberg

May 2013
Don't Get Hit by the Action-Over "Hammer" Clause
Henry L. Goldberg

April 2013
The New York Prompt Payment Act:
Designed To Get You Paid On Your Private Projects — Use It!

Henry L. Goldberg

March 2013
Super Storm Sandy Insurance Coverage for Businesses - "No" is Just the Beginning
Mitchell B. Reiter & Clinton S. Hein

March 2013
Getting Paid: Have Your Mechanic's Lien Rights Expired?
You May Still Have "Bullets in the Clip"

Henry L. Goldberg, Managing Partner, Goldberg & Connolly

February 2013
Have Faith In Your M/W/DBE Good-Faith Efforts
Henry L. Goldberg, Managing Partner, Goldberg & Connolly

January 2013
Revisions To New York City's M/WBE Law
Henry L. Goldberg, Managing Partner, Goldberg & Connolly

2012

November 2012
Preserving Your Contractual Rights Regarding Storm-Related Impacts & Delays
Henry L. Goldberg

September 2012
Be Certain Not to Waive Your Rights When Dealing With New York City Public Agencies
Henry L. Goldberg & Mitchell B. Reiter

July 2012
Federal DBE Regulation : The Crediting of DBE "Participation" for Certified Truckers and Suppliers
Christopher K. Smith

June 2012
The Current Spike in CGL Insurance Pricing - How To Mitigate The Costs?
Henry L. Goldberg, Esq

May 2012
NYC Now Demanding Strict Compliance With Extension of Time (EOT) Request Requirements
Henry L. Goldberg, Esq

April 2012
NYC Department of Parks Initiates Prequalification for Contractors
Henry L. Goldberg, Esq

March 2012
Before Commencing Work on a Project Get the Essentials and Take Advantage of Your "Honeymoon Period"
Henry L. Goldberg, Esq

February 2012
"Infrastructure Investment Act" Implements Design Build in New York
Henry L. Goldberg, Esq

January 2012
Apprenticeship Programs: Protect Your Company from Non-Responsibility Findings & Prevailing Wage Violations
Henry L. Goldberg, Esq

2011 December 2011
Waiver of Lien Forms - It's Not That Simple
Henry L. Goldberg, Esq

November 2011
Protecting Your Insurance Protection
Henry L. Goldberg, Esq

October 2011
Contractor Claims: Notice & Damages Recordkeeping Requirements Reach Absurd Levels - "Drive Defensively"
Henry L. Goldberg, Esq

September 2011
New York State's Highest Court Reaffirms Important Bid Protest Principles - STA Legal Log
Henry L. Goldberg, Esq

August 2011
BIM Without Adequate Communication = DANGER - STA Legal Log
Henry L. Goldberg, Esq

June 2011
NYC's "CM Build" Projects Unlawfully Failed To Provide For Payment Bondsl - STA Legal Log
Henry L. Goldberg, Esq

May 2011
Oral Contracts in the Construction Context - Hope Springs Eternal - STA Legal Log
Henry L. Goldberg, Esq

April 2011
Denial of M/WBE Certification is Not Necessarily the End of the Line - STA Legal Log
Henry L. Goldberg, Esq

March 2011
M/WBE & DBE Update - STA Legal Log
Henry L. Goldberg, Esq

February 2011
The "Substantial Completion" Trigger Point: What Contractors Must Do To Preserve All Rights
Henry L. Goldberg, Esq

January 2011
To Whom To Give That Critical Notice -- Another "Trap For The Unwary" - STA Legal Log
Henry L. Goldberg, Esq 2010 December 2010
Limitations on an Owner's Right to Reject All Bids - STA Legal Log

November 2010
A Winnable Bid Protest - STA Legal Log
Henry L. Goldberg, Esq

October 2010

Change Orders at the NYCSCA - How to Protect your Company - STA Legal Log
Henry L. Goldberg

September 2010
New York's Amended Prompt Payment Act - Revisited - STA Legal Log
Henry L. Goldberg

August 2010
Goldberg & Connolly Wins Appeal Against Bovis Lend Lease to Restore $3MM Contract Claim
Henry L. Goldberg

July 2010
An Oral Change Order?! - STA Legal Log
Henry L. Goldberg

June 2010
The Regrettable Need For Constant Claiming Against Educational Facilities - STA Legal Log
Henry L. Goldberg

May 2010
Don't Get Knocked Out By Your Punch Lists - STA Legal Log
Henry L. Goldberg

March 2010
Owner Misdeeds - The Usual Suspects
Henry L. Goldberg

February 2010
New York Office of the State Comptroller (OSC) Publicly Rebukes NYS-DOT
Henry L. Goldberg

February 2010
NYCSCA - Why Haven't Subcontractors Enjoyed the Benefits of "Allowance" Change Order procedures?
Henry L. Goldberg

January 2010
New York's Amended Prompt Payment Act - New Legislation Should Actually Facilitate
Timely Payment on Private Construction Projects

Henry L. Goldberg 2009 December 2009
Whose Insurance is Really Primary? - Don't Rely on Your Subcontract
Henry L. Goldberg & Mitchell B. Reiter & Christopher K. Smith

November 2009
Partial Indemnification - Be Certain to Preserve Your Preservation of Rights
Henry L. Goldberg & Mitchell B. Reiter

October 2009
Score Two for the Good Guys - Contractors Recover Damages for Owner Caused Delays!
Henry L. Goldberg

June 2009
"No Damage For Delay" Strikes Again!
Henry L. Goldberg

April 2009
Prequalification Under the Wicks Law - Be Prepared
Henry L. Goldberg

February 2009
Curing Substantial Mechanic's Lien Defects - It's a Matter of Timing
Henry L. Goldberg 2008 December 2008
The Subcontractors "Sword & Shield" - Lien Law §76 and §38
Henry L. Goldberg

October 2008
Damages for Delay - Major New York City Reform a Good Start - Further Reform is Necessary
Henry L. Goldberg

June 2008
Subcontractors: Know Your Contract & Your Rights! Contract Start Date Delays and Use of Special Equipment
Henry L. Goldberg & Erik A. Ortmann

March 2008
Release of Subcontractor Retainage: When Is It Legally Required?
Henry L. Goldberg

February 2008
Important Changes to the Labor Law Effective
February 24, 2008 - Required Prevailing Wage Notification Effective
July 18, 2008 - Mandatory Safety Course Certification

Henry L. Goldberg

January 2008
Protecting Your Insurance Protection #5 - Paying The Policyholders Litigation Costs: Do Not Forget The Excess and Umbrella Policies
Henry L. Goldberg & Mitchell B. Reiter, Esq 2007 November 2007
Protecting Your Insurance Protection #4 -The Insurance Company's Duty to Defend
Henry L. Goldberg & Mitchell B. Reiter, Esq

October 2007
Protecting Your Insurance Protection #3 - Carriers Must Act Timely to Disclaim Coverage
Henry L. Goldberg & Mitchell B. Reiter, Esq

September 2007
"No Prejudice Rule" Close to Being Outlawed in New York
Henry L. Goldberg

July 2007
Protecting Your Insurance Protection #2 - Being an "Additional Insured" Provides Invaluable Protection for a Contractor
Mitchell B. Reiter, Esq

June 2007
New York State Enacts The False Claim Act!
Henry L. Goldberg, Esq

April 2007
Payment - Time is of the Essence!
Henry L. Goldberg, Esq

March 2007
Beware Claims Against the SCA Can Legally Expire even Before Denial by the SCA
Henry L. Goldberg, Esq

February 2007
NY Lien Law's Trust Fund Provisions Provide Potent Weapons to Unpaid Claimants
Henry L. Goldberg, Esq

January 2007
Protecting Your Insurance Protection! - Disclaimer of Coverage by Insurance Companies - Contractors Should Persevere!
Henry L. Goldberg, Esq 2006 December 2006
"CM Build Procurement" - NYC's Flagrant Disregard for Competitive Bidding Laws
Henry L. Goldberg, Esq

November 2006
Contractors Can Benefit from Recent Changes to NYC's Standard Construction Contract
Henry L. Goldberg, Esq

October 2006
Payment Bond Surety Held Liable for Attorney Fees
Henry L. Goldberg, Esq

September 2006
Executive Order #73 Steps Up Previaling Wage Requirements for Contractors
Henry L. Goldberg, Esq

August 2006
The Procurement Lobbying Law - Beware of the Blackout Period!
Henry L. Goldberg, Esq

July 2006
Damages for Delay - Two Appellate Decisions Favor Contractors
Henry L. Goldberg, Esq

"No Damage For Delay" in Public Works - Albany Takes Another Look
Henry L. Goldberg, Esq

June 2006
Claims For Delay - Tactics for Owner Caused Delay
Henry L. Goldberg, Esq

May 2006
Are Claims "Lienable Under" NY Lien Law
Henry L. Goldberg, Esq

April 2006
Limitations on Cross-withholding of Project Funds to Enforce the NYS Prevailing Wage Law
Henry L. Goldberg, Esq

March 2006
The New NYC False Claims Act
Henry L. Goldberg, Esq

February 2006
More Flexibility for Contractors in New York City's Procurement Rules
Henry L. Goldberg, Esq

January 2006
G&C Celebrates 50 Years
Henry L. Goldberg, Esq 2005 December 2005
Dealing With "Extraordinary" Price Increases During Contract Performance Part 1 - The Private Sector
Henry L. Goldberg, Esq

September 2005
Flow-Down Clauses: In Construction Contracts What Actually Flows?
Henry L. Goldberg, Esq

Construction Law E-alerts

2013

April 2013
"Breach of a Fundamental Contractual Obligation"
The Forgotten Exception to "No-Damage-For-Delay"

2012

November 2012
NYC's Contractual "Payment Guarantee" Must Strictly Conform To Statutorily-Required Payment Bond

October 2012
The Use and Abuse of Lien Waivers

July 2012
Federal DBE Regulation : The Crediting of DBE "Participation" for Certified Truckers and Suppliers
Christopher K. Smith

2011 June 2011
M/WDBE Update & New Developments
Henry L. Goldberg, Esq

May 2011
To Whom To Give That Critical Notice -- Another "Trap For The Unwary"
Henry L. Goldberg, Esq

April 2011
The "Substantial Completion" Trigger Point: - What Contractors Must Do To Preserve All Rights
Henry L. Goldberg, Esq

March 2011
Limitations On An Owner's Right To Reject All Bids
Henry L. Goldberg, Esq

February 2011
A Winnable Bid Protest
Henry L. Goldberg, Esq

January 2011
M/WBE & DBE Compliance Update - Revisited
Henry L. Goldberg, Esq 2010

December 2010
M/WBE & DBE Compliance Update

December 2010

Change Orders At the NYCSCA - How To Protect Your Company
Henry L. Goldberg, Esq

November 2010
New York's Amended Prompt Payment Act Revisited: Summary of Highlights

November 2010
Change Order Crisis at the SCA - Protecting Your Company

September 2010
Goldberg & Connolly Wins Appeal Against Bovis Lend Lease To Restore Multi-Million Dollar Contract Claim
Henry L. Goldberg, Esq

August 2010
AN ORAL CHANGE ORDER?!
Henry L. Goldberg, Esq

July 2010
The Regrettable Need for "Constant Claiming" Against Educational Facilities
Henry L. Goldberg, Esq

June 2010
Don't Get "Knocked Out" By Punch Lists - Protect Your Rights
Henry L. Goldberg, Esq

May 2010
NYS Budget Crisis - Non-Payment to Contractors Preserve Your Rights Against NYSDOT
Henry L. Goldberg, Esq

May 2010
When an Overrun Results in an Increased Unit Price
Henry L. Goldberg, Esq

March 2010
OWNER MISDEEDS - The Usual Suspects
Henry L. Goldberg, Esq

February 2010
The New York Office of the State Comptroller (OSC) Publicly Rebukes NYSDOT
Henry L. Goldberg, Esq

2009 December 2009
Delay Claims May Not Always Be Governed By Contractual Time Limitations
Henry L. Goldberg, Esq

March 2009

Prequalification UnderWicks Law "Reform" - Be Prepared
Henry L. Goldberg & Mitchell B. Reiter

March 2009
Curing Substantial Mec hanic's Lien De fec ts It's a Matter of Timing

Policy Holder Insurance Coverage E-alerts

2013

April 2013
Don't Get Hit by the Action-Over "Hammer" Clause

March 2013
Super Storm Sandy Insurance Coverage for Businesses - "No" is Just the Beginning

2012

November 2012
Insurance Coverage for Storm Related Damage - Maximizing Your Coverage

October 2012
Ten Timesaving Tips for Additional Insured Coverage

August 2012
Yet Another Reason Not to Rely on Certificates of Insurance

July 2012
The Current Spike in CGL Insurance Pricing - How to Mitigate the Costs

April 2012
Purchase An Insurance Policy That Has You Covered - Avoid An "Empty" Policy

March 2012
The Empty Policy - Coverage Is A Zero Sum Game Know What You Actually Purchased

February 2012
Five Essential Insurance Provisions You Need To Review

January 2012
Dealing With A Carrier's Denial Of Coverage

2011 December 2011
Is Your Insurance Program Synched With Your Contract Specs?

November 2011
Certificates of Insurance Are Not Actual Proof of Insurance

October 2011
Insurance Company Coverage Disclaimers - Not The End of the Line

September 2011
"Protecting Your Insurance Protection" No Signed Subcontract, No Ocip Enrollment Form = No Ocip Coverage
Henry L. Goldberg, Esq
2010 June 2010
The "Empty" Policy - Coverage is a Zero Sum Game Know What You Actually Purchased
Henry L. Goldberg, Esq

March 2010
The Weekend's Historic Nor'easter Brought Unrelenting Rain & Gale Force Winds: Is There Coverage?
Henry L. Goldberg, Esq
2009 December 2009
Protecting Your Insurance Protection Whose Insurance Coverage is Primary? Don't Rely on Your Subcontract for the Answer.
Henry L. Goldberg, Esq

June 2009
Consequential Damages - Policyholders Can Now Recover For Damages Beyond Policy Limits Caused By Insurance Company's Breach Of The Policy.
Henry L. Goldberg, Esq