Joshua M Levy

Joshua M Levy

March 09, 2021 | New York Law Journal

Construction Management Agreements: Manager Liability

This is the third and last in a series of articles dealing with construction management agreements. Here, the authors discuss the liability of construction managers during the construction phase of the project.

By Kenneth M. Block and Joshua M. Levy

6 minute read

November 10, 2020 | New York Law Journal

Construction Management Agreements: Defects and Failures

This is the third in a series of articles dealing with construction management agreements. Here, the authors address construction defects and failures, specifically those arising from faulty workmanship or materials.

By Kenneth M. Block and Joshua M. Levy

6 minute read

September 29, 2020 | New York Law Journal

Construction Management Agreements: Scheduling

This is the second in a series of articles dealing with construction management agreements. In this article the authors address scheduling—the key to a successful project

By Kenneth M. Block and Joshua M. Levy

6 minute read

June 16, 2020 | New York Law Journal

Owner's Checklist for Resuming Construction

In their Construction Law column, Kenneth Block and Joshua Levy provide guidelines for project owners to ensure compliance with COVID-19 regulations and for negotiating resumption agreements for previously suspended projects.

By Kenneth M. Block and Joshua M. Levy

6 minute read

March 10, 2020 | New York Law Journal

Construction Management Agreements: Pricing

In their Construction Law column, Kenneth Block and Joshua Levy begin their first in a series of articles dealing with construction management agreements. Here, they cover pricing of the agreements, including the fee of the construction manager, general conditions costs, subcontract costs, contingency, and insurance.

By Kenneth M. Block and Joshua M. Levy

7 minute read

November 12, 2019 | New York Law Journal

Owners Should Take Caution in Waiving Consequential Damages

In their Construction Law column, Kenneth Block and Joshua Levy write: It is common in most construction contracts for there to be a mutual waiver of consequential damages. Owners, however, should take caution before agreeing to provide a broad unqualified waiver to contractors.

By Kenneth M. Block and Joshua M. Levy

5 minute read

September 10, 2019 | New York Law Journal

Construction Management Agreements: The Cost Plus Hybrid

In their Construction Law column, Kenneth Block and Joshua Levy discuss a "third form" of traditional construction management agreements: the cost plus hybrid.

By Kenneth M. Block and Joshua M. Levy

5 minute read

June 18, 2019 | New York Law Journal

Revisiting 'No Damage For Delay' Clauses

In their Construction Law column, Kenneth M. Block and Joshua M. Levy discuss the legislation, vetoed by Governor Cuomo last year, to amend the state finance law requiring every contract for design and construction of any public works to include a “damage for delay” clause.

By Kenneth M. Block and Joshua M. Levy

6 minute read

November 13, 2018 | New York Law Journal

An Owner's Response to Potential Subcontractor Liens

In their Construction Law column, Kenneth Block and Josh Levy consider the scenario when your client is the owner of a construction project nearing completion when she is approached by her general contractor that he owes more money to his subcontractor than she will owe to him, and also a mechanic's lien has been filed by one of his subcontractors. What are your client's options if she doesn't want to increase the contract sum and continue working with the general contractor?

By Kenneth M. Block and Joshua M. Levy

5 minute read

June 19, 2018 | New York Law Journal

Conditions Precedents in Construction Contracts

In their Construction Law column, Kenneth Block and Joshua Levy explore the differences between typical contract terms and those that rise to the level of conditions precedent, the latter requiring strict compliance to avoid forfeiture.

By Kenneth M. Block and Joshua M. Levy

1 minute read