Blog
BLOG / 01.26.24 /Kenneth R. Jacobs
Co-Ops and HOA’s Caught In “Corporate Transparency Act” Net
In its ongoing effort to limit “money laundering, terrorist financing, corruption, tax fraud, and other illicit activity,” Congress passed the “Corporate Transparency Act” (“CTA”) in 2021 requiring certain business entities to file reports with Treasury identifying the beneficial owners of the entity. In 2022 the “Financial Crimes Enforcement Network” of the Treasury Department (“FinCEN”) passed …
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BLOG / 12.11.23 /Ryan P. Kaupelis
Providing for the Recovery of Legal “Fees on Fees”
The ability of a party to recover the legal fees and expenses that they incur in connection with a lawsuit can often dramatically change settlement negotiations, the legal strategies a party takes prosecuting a lawsuit, the amount of resources that a party is willing to invest in a lawsuit, and – ultimately – the outcome …
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Residential Alterations: Don’t Sign That Contract!
Recently, we have seen numerous residential alterations projects go awry because co-op and condo owners are signing bare-bones agreements without any attorney’s review. It is a grave mistake for property owners to focus only on the planning of their renovation, while ignoring the importance of retaining a competent construction law attorney to review their contractor’s or architect’s …
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BLOG / 12.27.21 /Nancy Durand
Looking Toward 2022: A Legal Year-end Review For Companies And Nonprofits
Nancy Durand encourages organizations to take some time during this last week of 2021 to do a little self-reflection. What did you do well in 2021? What could have been done better or differently? What do you hope to accomplish in 2022? As you undergo this self-reflection process, consider the following legal priorities: CLICK HERE …
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BLOG / 02.08.21 /Randi F. Plevy
The Pitfalls Involved in Disposing or Mortgaging Real Property Owned by Religious Corporations
The pastor of a small church in Manhattan contacted me several years ago asking for help. The congregation had outgrown its space and was seeking to sell its building and move to a larger building in the Bronx. In fact, the church was already under contract to sell the building to a developer, but the …
BLOG / 02.08.21 /Nancy Durand
New York Appellate Court Recognizes Private Right of Action for Nonprofit Employees Against Employers who Violate Whistleblower Protections Under Section 715-b of the Not-for-Profit Corporation Law
Section 715-b of the Not-for-Profit Corporation Law (the “NPCL”) requires nonprofits with 20 or more employees and annual revenues in excess of one million dollars to adopt an explicit whistleblower policy to protect from retaliation persons who report suspected improper conduct. Nonprofits with fewer than 20 employees or with annual revenues lower than $1,000,000 do …
Thinking about the “When” . . . when drafting a dispute resolution provision in construction agreements
The importance of the dispute resolution provision in a construction contract should not be overlooked. This means addressing not only how the parties will resolve disputes between them (e.g., mediation, arbitration or litigation) but also answering the “when?” of that process. New York State’s suspension of filing deadlines in civil cases is coming to an …
Owner questions for a mechanic’s lien filed against their property
Watch Jacob Amir, Partner at Smith Buss & Jacobs, LLP talk about questions an owner might ask if a mechanic’s lien is filed against their property.
BLOG / 10.13.20 /Nancy Durand
Board Governance Series – Part I of V
How to Build an Effective Board of Directors Part I: Know Your Role Congratulations, you are a new member of the board of directors. Now what? Often directors are thrown into the proverbial hot [board] seat without an understanding of their roles and responsibilities. Misunderstanding the board’s role or directors’ duties produces a dysfunctional board, …
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BLOG / 10.06.20 /Nancy Durand
Board Governance Series How to Build an Effective Board of Directors
Being a board member of a nonprofit entity is an awesome responsibility undertaken by volunteers (often with other full-time commitments) who are driven by a desire to contribute meaningfully to their community, industry, or society at large. Whether you serve on the board of a nonprofit corporation, foundation, or housing entity, you are a fiduciary …
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BLOG / 09.14.20 /Mark L. Manewitz
The New Discussion About Remediation — What is Really “CLEAN”?
The phrase “How clean is clean?” used to dominate all environmental remediation. Responsible parties, or as they are often called, “Potentially Responsible Parties (PRP’s) asked, “What are we going to do about the contamination in the soil or water once we test if its toxicity value exceeds the standards set by either the Federal Government …
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Contractor’s delay in bringing legal action proves very costly
by Jacob E. Amir May owners and general contractors agree to shorten New York’s legal time period for bringing legal action to recover contract damages? Yes. And if that time period runs from the date of “construction completion” but a formal notice of completion is never issued, will a contractor be barred from suing under …
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BLOG / 07.03.20 /Eric P. Blaha,Jeffrey D. Buss,Kenneth R. Jacobs,Emanuela Lupu,Thomas W. SmithandDomenick J. Tammaro
LATEST COVID-19 DEVELOPMENTS: NEW LAWS REGARDING EVICTIONS AND FORECLOSURES; PPP PROGRAM EXTENDED; Q&A ON REOPENING ISSUES
NEW LAWS REGARDING EVICTIONS AND FORECLOSURES; PPP PROGRAM EXTENDED; Q&A ON REOPENING ISSUES MORATORIUM ON RESIDENTIAL NON-PAYMENT EVICTIONS EXTENDED INDEFINITELY. Last night Governor Cuomo signed the “Tenant Safe Harbor Act”, which bans issuance of a warrant of eviction against a residential tenant or other lawful occupant who has suffered a “financial hardship” during the “COVID-19 …
Remember Lien Law 3A Payment Obligations with the Shutdown Fading and Construction Projects Resuming
With the nearly three-month construction work stoppage now in the rear view mirror, owners and contractors need to refocus on funding and payment issues under suspended contracts. A recent article in Construction Dive, a trade publication, noted a 40% increase nationwide in the number of mechanic’s lien filings, suggesting that some parties are resorting to …
BLOG / 05.28.20 /Eric P. Blaha,Jeffrey D. Buss,Kenneth R. Jacobs,Emanuela Lupu,Thomas W. SmithandDomenick J. Tammaro
COVID-19: Guidelines for Reopening Buildings
Guidelines for Reopening Buildings The pressure to relax the guidelines for access to condominium and cooperative buildings, including their common facilities, has been growing. Boards need to develop a plan for handling the increased risks that come with increased traffic within the premises and social interaction among owners. The following assumes that you have guidelines …
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BLOG / 05.26.20 /andKenneth R. Jacobs
COVID-19: Reopening Guidance for Property Owners on Construction Projects; New NYS Small Business Loan Assistance
REOPENING GUIDANCE FOR PROPERTY OWNERS RESTARTING CONSTRUCTION PROJECTS NEW NYS SMALL BUSINESS LOAN ASSISTANCE MID-HUDSON REGION REOPENS MAY 26, 2020; LONG ISLAND TO FOLLOW MAY 27, 2020. The Mid-Hudson Region reopens for Phase One today, and Long Island reopens with Phase 1 tomorrow. Phase 1 means that contractors in these Regions can resume non-essential construction …
COVID-19: Contractors . . . Get Ready to Get Back to Work
Construction is at the top of the list of the group of industries scheduled to reopen first under Governor Cuomo’s four-phase plan. That is good news for contractors, developers and owners. To enable a smooth transition back to work, interested parties should consider how an ongoing project may have been affected by the shutdown, and …
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COVID-19: State Authorizes Phased-in Reopening of Businesses. When Will New York City, LI and Westchester Qualify? Some Reopening Considerations.
New York State has implemented a four-phase plan to reopen businesses across the state based on seven benchmarks. The state is divided into ten regions: New York City and Long Island are each separate regions, and Westchester, Rockland, Orange, Dutchess and Putnam counties are part of the “Mid-Hudson Region.” As of now, none of these …
BLOG / 04.13.20 /andKenneth R. Jacobs
Coronavirus: BUSINESS TAX CREDITS, DEFERRALS AND DEDUCTIONS IN THE ‘CARES’ ACT
Although not given as much attention as the Payroll Protection Program, the Federal Coronavirus Aid, Relief and Economic Security (CARES) Act also provides new tax credit, deferral and net operating loss deductions which may be beneficial for your business. Section 2301 Employee Retention Credit Section 2301 gives eligible employers a tax credit against the 6.2% …
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BLOG / 04.03.20 /Eric P. Blaha,Kenneth R. Jacobs,Emanuela Lupu,Thomas W. SmithandDomenick J. Tammaro
Coronavirus: PPP FEVER- NEW APPLICATION FORMS!
PPP applications were made available on Tuesday night. By Wednesday, approved SBA lenders were overwhelmed with requests for assistance. This morning, Treasury issued new application forms that are completely different from the old ones! [CLICK HERE FOR APPLICATION] Meanwhile, we are getting the following feedback from lenders and asset managers: 1. They will give first …
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BLOG / 04.01.20 /Kenneth R. Jacobs
Coronavirus: Paycheck Protection Program Application Form Out!
PPP APPLICATION FORM OUT! The Treasury Department has just issued the form of Application for Paycheck Protection Program applications. The form of application is attached to this E-Mail, together with guidance from Treasury for prospective Borrowers. Who to Believe? The Borrower’s Guidance accompanying the application states that loans will have a maturity of two years …
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BLOG / 03.18.20 /Jack Malley
What Penalties Can Employers Suffer for Denying Coronavirus-Based Paid Sick Leave Requests?
Many of our clients have been consulting us regarding paid leave requests they anticipate related to the coronavirus. Employers should be aware of the penalties for an unlawful denial of such requests under paid sick leave laws enacted by Westchester County and NYC. The penalties include fines, back pay, job reinstatement and the payment of …
BLOG / 10.29.19 /Nancy Durand
The Johnson Amendment Finds Refuge Under New York Law
On October 23, 2019, Governor Cuomo signed legislation that restricts the ability of certain nonprofit corporations to participate or intervene in any political campaign on behalf of or against a candidate for public office. The new legislation codifies the federal Johnson Amendment, which is a provision in the U.S. tax code that prohibits all 501(c)(3) …
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Subcontractors, Prevailing Wages and the Construction Fair Play Act
Jacob Amir contributed an article in Cornerstone, the semi-annual publication of the Associated General Contractors, New York State, a leading trade association representing contractors and related companies in the building and highway construction industry.
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