August 2024

PJS Montesano JV Begins Work On $1.9B Kensico Water Tunnel

VALHALLA, NY—In late July, officials of the New York City Department of Environmental Protection, local officials in Westchester and construction professionals threw the ceremonial “first dirt” to mark the start of the massive $1.9-billion new water tunnel that, when completed, will stretch two miles—from the Kensico Reservoir in Central Westchester to the Catskill Delaware Ultraviolet Disinfection Facility in Eastview.

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Ossining Breaks Ground on Record $100-Million Water Treatment Plant

OSSINING, NY—A host of elected officials celebrated the official groundbreaking for the new Indian Brook Water Treatment Plant—the largest infrastructure project in Ossining’s history. It is also one of the largest municipal capital projects in memory in this northwest section of Westchester—and it’s the largest potable water treatment plant in development in the Northeast, according to many village and town officials of Ossining present Tues., Aug. 6.

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MTA Advisory Committee Slams Congestion Pricing Alternatives

NEW YORK—The Permanent Citizen’s Advisory Committee to the MTA released a new report earlier this month entitled “Funding the MTA’s 2020-2024 Capital Plan: Evaluating Proposed Alternatives to Congestion Pricing.” The panel examined how Congestion Pricing compares to eight of the more noteworthy alternative schemes. All proposals failed to tackle the issues of traffic reduction and steps to improve air quality, the report noted.

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Attorney’s Column – Ambiguous Contract Sends Dispute to Trial And Prevents Summary Resolution of Claim

This column often stresses the important provisions to include in construction contracts. Among them are thorough indemnification clauses, dispute resolution provisions and adequate insurance provisions. There are many others of course, including perhaps the most important one as illustrated by the recent case of Providence Construction Corp. v Silverite Construction Co., Inc. The court denied a motion for summary judgment on what should have been a straightforward contract claim. Now the parties are required to endure a trial. The court’s decision reminds us that the one thing to include in a contract more than anything else is clarity.

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Economic Outlook – NYC Metro Commercial Real Estate Sector Improving Marginally So Far This Year

As of mid-2024 most reports of the U.S. economy were positive, despite geopolitical uncertainty, lower inflation, the prospect of interest rate cuts, and continued employment growth suggesting a strong economy for the rest of 2024. Within the commercial real estate space, most asset types are benefitting from demand growth, but the overall industry outlook is mixed due to headwinds such as overbuilding in the multifamily sector and vacant office space—an overhang from the Covid pandemic.

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New York City Council Approves Bronx Re-Zoning; Adams Admin. Commits to $500M in Improvements

NEW YORK—On Tuesday (Aug. 6) the New York City Council’s Committee on Land Use voted to approve the Bronx Metro-North Station Area Study rezoning proposal with modifications. The rezoning will pave the way for the development of thousands of units of new affordable housing and invest in neighborhood infrastructure improvements surrounding new Metro-North train stations to be built or improved in the Bronx as part of the more than $3-billion Penn Station Access Project, which is currently under construction.

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Albany Update – Funding Will Allow Second Ave. Subway Project to Continue

ALBANY—New York Gov. Kathy Hochul announced on Tuesday (July 30) that the state will provide $54 million to support utility work that will allow the Second Avenue Subway project to proceed while state lawmakers address the massive capital funding gap caused by the recent decision by the governor to put the congestion pricing tolling program on pause.

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