News & Publications

In 2002, the New York Legislature passed the Prompt Pay Act1, whose stated purpose is to promote timely payment to construction industry contractors and subcontractors.2 The Prompt Pay Act applies to "all contracts exceeding $150,000 to construct, reconstruct, alter, maintain, move or demolish any building, structure or improvement, or otherwise excavate, develop or improve land within New York."3 The Prompt Pay Act, when read together with the New YorkLien Law, facilitates prompt payment to contractors. The Act's legislative purpose is [...]

On August 26, 2021, the U.S. Supreme Court issued an order vacating the Centers for Disease Control and Prevention's latest eviction moratorium. Earlier this month the CDC issued an order banning evictions of residential tenants in counties experiencing high levels of community transmission of COVID-19, claiming that mass evictions would exacerbate the spread. The Alabama Association of Realtors, among other plaintiffs, applied to the Supreme Court to challenge this new moratorium. The plaintiffs had originally [...]

Pennsylvania Superior ruled that the commonwealth's prompt payment act, the Contractor and Subcontractor Payment Act, 73 P.S. § 501 et seq. (CASPA), applies to mixed use construction contracts even when such contracts include residential construction in their scope that would not otherwise be governed by CASPA. Indeed, in El-Gharbaoui v. Ajayi, the appellate court ruled, in a decision marked for publication, that CASPA applied to a contract for renovation to a building that contained a daycare facility, a [...]