Sat.Dec 02, 2017 - Fri.Dec 08, 2017

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You Must Renew a Bonded Lien, Or Else

GDB Firm Blog

Of the many traps lurking in the New York Lien Law, perhaps the one that trips up the most contractors is the requirement that a mechanic's lien still must be renewed after it is bonded. But in a recent case, even though a contractor fell into that trap yet again, the judge gave it a second chance, for an unusual reason.

Law 52
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Filing a Mechanic's Lien. Again. And Again.

GDB Firm Blog

A recent case reiterates that once your mechanic's lien expires, all may not be lost. If the time to file a lien has not expired, you might just be able to file a new one.

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Strict Notice Provisions Kill Yet Another Claim

GDB Firm Blog

Too many valid claims get dismissed before the court even has a chance to look at their merits. The culprit is often the ubiquitous notice provisions in the construction contract. But sometimes the provisions are found in payment bonds. A recent case reminds contractors to be aware of those short notice periods as well.

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Never Signed an Arbitration Clause? Not a Problem

GDB Firm Blog

The general rule is that only a party to an arbitration agreement is bound by, or may enforce, the agreement. A recent appellate decision just highlighted an important exception to that rule and ordered a subcontractor to arbitrate its claim against five individuals who were not signatories to an arbitration clause.

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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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Punitive Damages in a Construction Case? Really?

GDB Firm Blog

Creditors dream of getting punitive damages from the party which owes it money. The reality is not so accommodating. The general rule is that punitive damages are not recoverable in a commercial breach of contract case.

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When is Actual Notice of Extra Work Not Considered Notice?

GDB Firm Blog

An upstate appellate court holds that even actual notice, conceded by the owner, does not necessarily satisfy the notice provisions of a construction contract and dismisses a contractor's extra work claims.