An Amicus brief was filed this week by ECA and other industry partners with the Fourth Department Appellate Division in the case of Travelers/Dipizio Construction v. Erie Harbor Development Company. The focus of this matter deals with issues related to forfeiture of a claim by the contractor solely due to a technical error in the notice of claim and to a failure on the part of the owner to take responsibility for the sufficiency of the plans and specifications.
These are two issues of great importance to the construction industry and have been the subject of legislative efforts.
With regard to the issue of Notice, more and more contract documents are setting traps in the documents with near impossible notice standards to meet. In spite of the fact that the owners have knowledge of the issues and the fact that the technical failure to meet those requirements do not prejudice the owner, contractors are often unfairly hurt by these provisions.
For more information, contact Todd Helfrich at firstname.lastname@example.org or 518-869-0961.