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news & articles |
Updated
December, 2011
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In a recent New York Law Journal
article,
Brian G. Lustbader described the
ins and outs of performance bonds on
construction projects, including the
various circumstances under
which sureties can be called upon,
defenses available to sureties and
other important matters related to
such bonds. If you are interested in
reviewing this article,
CLICK HERE. If
you have any questions about such
bonds, feel free to contact Brian. |
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Every 10 years or so, the American
Institute of Architects (the AIA)
revises its form construction
documents. According to an August
2008 New York Law Journal article
authored by
Brian G. Lustbader, those revisions are
typically substantive and extensive,
and the latest revisions, the 2007
form documents, are no exception. It
is therefore of critical importance
that all parties to construction
projects, owners, developers,
construction managers, contractors,
and subcontractors, carefully
analyze the new documents with their
counsel and make appropriate
modifications before signing them.
Read More
Feel free to call Brian if you have
any questions about the new AIA
A201-2007 form or any of the new AIA
form agreements. |
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Whether the challenge is
adjudicating a pending construction
dispute or drafting construction
contracts for projects yet to begin,
no subject is more critical to
experienced construction lawyers
than the choice of a dispute
resolution forum. In a November 2008
article published in the New York
Law Journal,
Gary L. Rubin discusses the
impact of a recent U.S. Supreme
Court decision on attorneys and
clients trying to weigh the relative
merits of litigation and arbitration
(together with arbitration’s
non-binding cousin, mediation).
Read More |
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Brian G. Lustbader was just
appointed Co-Chair of the Construction
Law Committee of the
New York State Bar Association's
real estate section. |
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Sayward (Woody) Mazur,
leader of the
Construction Law practice
group at MazurCarp, was
quoted in the January 29, 2007 issue
of Crain’s New York Business
in an article, NYC Developers
Resist the Push to go Green.
He expressed concern about how much
thought is being given to the
long-term maintenance and
replacement costs for certain green
projects and unforeseen impacts down
the road. |
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MazurCarp’s Elder Law Newsletter
Summer 2008
In this Issue the focus is on
planning for children with
disabilities: A Special Plan for
Special Needs, The Supplemental
Needs Trust, Guardianship FAQ,
Disability Benefits: SSI, SSDI &
CDB.
Read More
or
Download |
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Sayward (Woody) Mazur,
has achieved
the highest individual ranking among
New York City Construction Lawyers
by Chambers & Partners, in its
publication, “America’s Leading
Lawyers for Business”.
See Chambers website for its
credentials and research methods. |
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“Best Lawyers in New York,” a
ranking published by New York
Magazine since 2005, has come up
with its list for 2010. It includes
Woody
Mazur,
Gary Rubin and
Brian Lustbader for Construction Law, and
Gerald Carp and
Bob Freedman for Trusts &
Estates.. |
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“Super Lawyers,” another publication
that ranks attorneys, named
Woody
Mazur,
Gerald Carp,
Gary Rubin,
Brian Lustbader and
Bob Freedman among
the best in their fields in 2010. |
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Best Lawyers in America, published
by Woodward/White, Inc., of Aiken,
South Carolina, has advised that
Woody (for Construction Law) and
Jerry (for Trusts and Estates) “have
been selected by [their] peers to be
included in the 2007 edition...” |
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Note: Advertising rankings by
magazines such as New York Magazine
and Superlawyers is a matter under
review by the Ethics Committee of
the State of New Jersey. MazurCarp
and Rubin is pleased to see its
attorneys named in such publications
but is not aware of the methods used
to include or exclude lawyers from
their lists. Certainly your choice
of attorneys should not be based on
such lists but on careful
consideration of an attorney’s
qualifications and experience and
personal interviews. |
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In March 2010,
Brian Lustbader conducted
a webinar entitled how to update
performance bond agreements in 2010:
What Construction Lawyers Need To
Know About Default, Defenses &
Discharge and, in 2007, A seminar entitled "Construction Law
Contract to Closeout” in November
2007. That seminar was sponsored by Lorman Education Services.
Brian conducts many Lorman seminars
on issues related to construction
law and litigation, as does
Woody Mazur. |
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See MazurCarp’s
Estate Planning Alert, Summer 2006
by clicking on
this link.
Gerald Carp,
Tom Draper |
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Successful appeals being such a rare
occurrence, MazurCarp is
particularly happy about the
successes of
Woody Mazur and
Frank Wagner in two
matters argued and won back to back
in successive terms of the Appellate
Division, First Department. In AJ
Contracting v Farmore Realty we
inherited from trial counsel, a
national law firm, an adverse
judgment for over $6 million which
included $2.5 million in ‘quantum
meruit’ damages in excess of the
amount of a lien discharge bond,
levied against the party that bonded
the lien, following a thirty day
bench trial. The Appellate Division
struck and dismissed all amounts
over the face amount of the lien
discharge bond, modifying the
judgment by $2.5 million. That was
in January. In February, we reversed
the lower court’s denial of our
motion for summary judgment
dismissing a multi-million dollar
counterclaim against our client
based upon alleged breach of
warranty of fitness of special
scaffolding (Spider, etc. v. Pegno/Tully
Joint Venture). (citations available
on request) |
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Our Trusts & Estates practice has
been enhanced in size and scope, not
to mention experience and
recognition, by the acquisition of
Robert Freedman, Esq. (a veritable
but relatively young ‘dean’ of Elder
Law), and his partner
Barry I. Lutzky, and associate Lisa M.
DeKenipp, all formerly of Freedman
Fish and Grimaldi LLP. Our welcome
new colleagues bring us skills and a
wealth of experience not only in our
traditional areas of trusts and estates but also in Elder Law and
Disabilities planning. |
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Woody Mazur and
Gary Rubin jointly
successfully
resolved within 8 months of
assignment of the cases a $17
million claim by a mechanical
subcontractor against the general
contractor on a major power plant, a
$5,000,000 sub-subcontractor claim
against the mechanical
subcontractor, and a $1.2 million
claim against it by another
sub-subcontractor. (Reference
available on request). |
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The firm is also pleased to have
been ‘awarded’ the role of
construction counsel to a major New
York state public agency and the
affiliate of a national power
company that is the owner of a 500
MW Power plant, presently under
construction, one of the largest in
the New York Metro area. |
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All authors’ royalties from
Westlaw’s renowned publication,
Commercial Litigation in New York
State Courts, go to the New York
County Lawyer’s Association, so we
take only ‘non-commercial’ pride in
directing readers to it.
Nevertheless, we are pleased that
Gary L. Rubin and
Woody Mazur are the
co-authors of its chapter 81 on
Construction Law, and that Gary,
principally, has been the author of
the annual updates since 1995. You
will find it covers many important
areas of substantive construction
law as well as litigation strategy,
pleadings and more. |
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Editors:
Sayward Mazur
&
Brian G. Lustbader |
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Attorney Advertisement - Copyright © 2011 Mazur Carp & Rubin, P.C. 1250 Broadway New York, NY
10001 212-686-7700 Revised:
Wednesday, December 14, 2011 |
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