Author name: niallogara

Attorney’s Column – Court Reminds Upstream Contractors To Adequately Protect Pass-Through Claims

A downstream contractor has no contractual relationship with a project owner; that relationship is between the general contractor (or, here, the construction manager, Hill) and the owner. Accordingly, parties downstream from the construction manager cannot sue the owner if they sustain money damages caused by the owner. In response to this lack of contractual privity, the downstream contractor and construction manager may enter into a liquidating agreement, or pass-through agreement, where the downstream contractor assigns its claim to the upstream contractor. Such a provision may also already be in place in the downstream contractor’s boilerplate contract.

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Albany Update – Federal Funding Cut for Resiliency Projects Will Slash 325M in State Work: Hochul

ALBANY—New York Gov. Kathy Hochul released a breakdown of how the Trump administration’s cuts to the Building Resilient Infrastructure and Communities program will impact critical infrastructure and community resilience projects in New York State. With the action, the federal Department of Homeland Security has revoked more than $325.5 million in funding for projects that have not yet begun construction.

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Economic Outlook – Will Tariffs Cause Inflation? It Depends on Pain vs. Gain

Tariffs—long used as a government policy tool to protect domestic industries, generate revenue and influence international trade—also raise the economic concerns that they fuel inflation. This discussion point is complex because it involves direct and indirect effects on prices, consumer behavior, supply chains and economic growth.

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ECCO III Begins Route 17, Exit 122 Upgrade

TOWN OF WALLKILL, NY—The major construction project to upgrade State Route 17’s Exit 122 interchange here in Orange County will reconfigure the roadway to meet federal interstate standards. The $67.8-million project is now underway and will transform the eastern portion of the interchange to create a new roadway system that will enhance safety and improve traffic flow at this vital junction serving this fast-growing region of the state.

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Financial Management – Pros & Cons of Internal Transition For a Contracting Firm’s Succession

Succession planning is a pivotal process for construction business owners that ensures their legacy endures, that wealth is preserved and that their company remains stable. Of the various options available and often favored is an internal transition—whether to family members, key employees, or even through an employee stock ownership plan (ESOP)for its potential to preserve company culture and continuity.

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Safety Watch – Unsafe Use of Powered Industrial Trucks Result in 100 Fatalities Each Year: US DOL

The use of powered industrial trucks are a significant source of serious and fatal injuries to workers. Violations for the unsafe operation of powered industrial trucks (PITs), such as forklifts and lift trucks, are among the most cited by OSHA following work-site inspections. In fact, an average of 100 workers are killed each year and 20,000 workers are seriously injured by fork truck-related incidents. Half of the forklift fatalities occur in construction and manufacturing, according to the U.S. Department of Labor.

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