February, 2018

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Another Insurance Claim Bites the Dust: "Construction Management For a Fee"

GDB Firm Blog

A construction manager that purchased a general liability insurance policy containing an endorsement with an exclusion for certain construction managers found itself with a policy which provided neither a defense nor coverage.

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Unique Decision Finds Ineffective Assistance of Counsel Where Defense Fails to Ask for a Charge on a Lesser Included Offense

GDB Firm Blog

?It is enshrined in the Sixth Amendment that every criminal defendant is entitled to effective assistance of counsel in a criminal prosecution. If counsel falls short of providing such effective assistance, the conviction can be reversed and a new trial ordered. In a unique decision from the Appellate Division, Second Department, the court reversed a conviction due to the defense counsel's failure to ask for the jury to consider the lesser included offense of trespass while considering a bu

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Another Trap For Home Improvement Contractors

GDB Firm Blog

In a case of first impression, a court in Suffolk County holds that a licensed home improvement contractor whose license expires in mid-project is not entitled to recover for services performed thereafter.

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Unsatisfactory Performance Leads To Finding Of Non-Responsibility

GDB Firm Blog

Court upholds decision of the Suffolk County Water Authority which found a low bidder to be non-responsible as a result of an unsatisfactory performance rating on an earlier project.

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Software Composition Analysis: The New Armor for Your Cybersecurity

Speaker: Blackberry, OSS Consultants, & Revenera

Software is complex, which makes threats to the software supply chain more real every day. 64% of organizations have been impacted by a software supply chain attack and 60% of data breaches are due to unpatched software vulnerabilities. In the U.S. alone, cyber losses totaled $10.3 billion in 2022. All of these stats beg the question, “Do you know what’s in your software?

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"Leapfrogging"--Owner Direct Payment To A Subcontractor

GDB Firm Blog

Direct payment by an owner to a subcontractor holds a number of benefits for each party. But there are some fairly significant risks not immediately apparent, and getting it wrong can constitute a breach of contract.

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Overreaching In Tough Indemnity Clause Proves Costly

GDB Firm Blog

Trying to draft the toughest indemnity clause you can think of might backfire. A recent decision leaves an aggressive general contractor with no indemnity clause at all.

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