In a recent decision by New York’s Appellate Division, First Department, the Court once again clarifies that a subcontractor who commences a Mechanic’s Lien foreclosure proceeding, bears the burden of establishing the existence of a lien fund.  

Residents of Ringwood, New Jersey filled Borough Hall this week to voice their concerns over a proposed natural gas pipeline that would go through four acres of protected land.

While many Americans still feel the pinch of the economy, recent economic data indicates that the Construction Industry is heading for a slight up-swing in 2012 and into 2013. 

New York State’s Appellate Division Second Department issued a decision on January 24, 2012 affirming that home improvement contractors are required to be licensed.  Without a home improvement license, the contractor cannot enforce its contractual rights for payment.

The press release that yet another large contractor has signed onto a web-based procurement portal raises the question – is this technology going to benefit subcontractors in ways they did not imagine?  Think about it – no contractor controls enough of the market to unilaterally compel compliance with its demands.  Use of technology will bring a need for uniformity in contract terms.  And a subcontract that places too much risk on the sub may hinder or even halt the gains sought to be achieved with the technology.  Work with me on this one.

Google “pure heart empty head” and you’ll find plenty of references to unsuccessful legal maneuvers.  The same thing happened recently in New Jersey.  The court never employed that phrase, but the contractor’s argument for attempting to pass along sales tax costs fit the mold.  The outcome?  The contractor was told to wake up, use common sense, and pay its own bills.

As passenger rail service continues to rise, Amtrak has announced an “aggressive” construction agenda for 2012.  For example, Amtrak intends to spend $15 million in 2012 for planning and other pre-construction activities on its Gateway Program to provide additional capacity into Manhattan for Amtrak intercity and New Jersey Transit commuter services, including the proposed NextGen HSR system.  As part of the overall plan, which is expected to cost several billion dollars, Amtrak will build two additional tunnels under the Hudson River to access expanded terminal facilities serving New York Penn Station and the future Moynihan Station on the site of the former Farley Post Office.  In addition, Amtrak plans to replace and expand the century old Portal Bridge over the Hackensack River and increase from two to four the number of tracks between Newark and New York.

On January 6, 2012, the Pennsylvania Superior Court held in Bricklayers of W. Pa. Combined Funds v. Scott's Dev. Co., 2012 PA Super 4; 2012 Pa. Super. LEXIS 5 (2012) that a labor union is a “subcontractor” under the Mechanic’s Lien Law, and, therefore, trustees of a union benefit fund have standing to file a mechanic’s lien claim on behalf of its members.