Business, Commercial And Construction Litigation Services
Melito & Adolfsen P.C. litigates a variety of legal disputes, including:
- Disputes over the separation of businesses
- Claims against agents for imposing liability on the principal
- Manufacturers who have to sue or disengage themselves from their distributors
- Construction contract litigation
- Negligence claims, safety and regulatory compliance
Using Alternative Dispute Resolution To Avoid The Costs Of Litigation
There are times when businesses and commercial ventures have no choice but to engage in litigation, but it is always better to resolve conflicts without litigation. Legal fees build up as litigation drags on, assets may be frozen, and revenue streams may be reduced or cut off altogether. It is always preferable to find alternatives to litigation.
Litigating New York Construction Disputes
Construction litigation involving subcontractors and general contractors can be exceedingly complex. Not only do the claims by the plaintiff involve negligence, but they also involve New York’s Labor Law § 240(1) and § 241(6). Known as the scaffold law, Labor Law 240 imposes broad liability on contractors for falls from an elevated height. The defense of these claims also involves issues of contractual indemnification and additional insured coverage.
As a standard practice, general contractors demand both contractual indemnification and additional insured coverage from their contractors. However, contractors are often careless in filling out paperwork. Unsigned contracts and failure to notify insurance companies about required additional insured coverage often become the source of litigation. In addition, contractors are not allowed to be indemnified for their own negligence under New York law. This type of issue is often hotly disputed and adds to the complexity of the litigation.
Disputes Over Timely Notice
New York no longer has a strict late-notice requirement favoring insurers in personal injury cases but giving timely notice can still become a complex disputed issue. Insurance companies are still regularly accused of showing prejudice when there is any delay. This issue requires prompt action and an understanding of the interplay between negligence, labor law, contractual liability, common law indemnification and additional insured coverage.
Contact New York’s Business And Construction Litigation Firm
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