Kenneth M Block

June 19, 2018 | New York Law Journal

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

March 13, 2018 | New York Law Journal

In their Construction Law column, Kenneth M. Block and Joshua M. Levy write: Where a developer finds an uncooperative neighbor, recourse is available through Real Property Actions and Proceedings Law Section 881, pursuant to which the developer may obtain a license to enter the neighbor's property. Although 881 is silent as to the conditions for granting the license, a body of case law has developed providing guidance. This article discusses some of the more notable cases. Each case is fact specific and the foregoing discussion is intended only to provide guidance as to how a particular court would rule on a given issue.

By Kenneth M. Block and Joshua M. Levy

7 minute read

November 07, 2017 | New York Law Journal

In their Construction Law column, Kenneth Block and Joshua Levy conclude that when representing a project owner, ensuring the agreement between the owner and the owner's representative contains both a properly delineated scope of authority and a comprehensive indemnity is "critical."

By Kenneth M. Block and Joshua M. Levy

4 minute read

August 29, 2017 | New York Law Journal

In their Construction Law column, Kenneth M. Block and Joshua M. Levy discuss the issues surrounding construction delays and conclude that although well-drafted contracts can limit the liability of the responsible party for the other parties' losses and expenses, contractual language cannot eliminate delay claims, and owners and contractors should be prepared to deal with them.

By Kenneth M. Block and Joshua M. Levy

9 minute read

June 20, 2017 | New York Law Journal

In their Construction Law column, Kenneth M. Block and Joshua M. Levy write: One of the more common questions asked in the construction contracting arena is whether an owner of a construction project can enforce the terms of a subcontract or its architect's consulting agreement with engineers directly against the subcontractor or engineers as a third-party beneficiary. The answer is "yes," but with some caveats.

By Kenneth M. Block and Joshua M. Levy

12 minute read

March 15, 2017 | FC&S Insurance

Indemnity provisions of the contracts executed between a project owner and its contractors, architects and other professionals are critical elements in…

By Kenneth M. Block and Joshua M. Levy

5 minute read

March 08, 2017 | New York Law Journal

In their Construction Law column, Kenneth M. Block and Joshua M. Levy discuss two common misconceptions with regard to construction contract indemnities.

By Kenneth M. Block and Joshua M. Levy

9 minute read

November 11, 2016 | FC&S Insurance

Owners of construction projects face a myriad of risks, including personal injury, physical damage to the project during and after construction, and damage…

By Kenneth M. Block and Joshua M. Levy

9 minute read

November 08, 2016 | New York Law Journal

In their Construction Law column, Kenneth M. Block and Joshua M. Levy discuss how the ruling in 'Gilbane Building v. St. Paul Insurance Co.' has heightened uncertainty among those who believe they are protected by their status as an additional insured under a policy, and advise that owners and their counsel should either review the language of the blanket additional insured endorsements carefully or require that any necessary entities be clearly named in specific additional insured endorsements.

By Kenneth M. Block and Joshua M. Levy

18 minute read

August 09, 2016 | New York Law Journal

In their Construction Law Column, Kenneth M. Block and Joshua M. Levy state that the 'design-build' system attempts to eliminate the risks of the 'design-bid-build' system by the owner retaining a single entity that is responsible for providing both the design and construction of the project. They note, however, that New York lags behind other parts of the country in making use of design-build because of conflicting legal authority that has created an uncertain regulatory environment.

By Kenneth M. Block and Joshua M. Levy

22 minute read