Goetz Platzer Successfully Fends Off a Contractor’s Claims Against a Developer with a Lesson in the Basics
Goetz Platzer’s Construction Group successfully fended off a claim on behalf of a developer client where a contractor asserted a claim for nearly $2million, even though the contractor was terminated for cause.
Gerard Strain, a partner in the firm’s Construction Group, methodically dismantled the contractor’s claims. First, he secured the cancellation of the Notice of Pendency because the property owner bonded the Mechanic’s Lien. Next, he filed a motion to vacate the lien itself due to missed statutory deadlines. Finally, the Court dismissed all remaining causes of action. The contractor had failed to maintain a proper license and could not establish prima facie claims under statutory or common law.
The decisions rendered by the Court which adopted the arguments made by Goetz Platzer are a lesson for developers, contractors, and subcontractors about the pitfalls of failure to adhere to statutory requirements necessary to allege and maintain claims for breach of contract, quasi-contract, and claims under the Lien Law and Debtor Creditor Law in New York.
The Construction Group at Goetz Platzer is well-versed and well-prepared to assist each of its clients through the complexities of construction projects and the claims which may emanate from the intricate contracts, statutes, and common law which govern the parties’ rights, obligations, and remedies.
The decisions in the two cases described above can be found here:
