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New York's Construction Pay When Paid Provision Loophole Closed - Vimarsana News

New York's Construction Pay When Paid Provision Loophole Closed

New York State’s Prompt Payment Act provides a potential workaround for the invalid pay-when-paid provisions that appear in construction contracts. The New York State's Appellate Division's decision in Bank of America v. ASD Gem Realty narrows, if not closes, that loophole.

NY Appellate Court Reaffirms Pay-When-Paid Provisions Are Void as Against Public Policy | Troutman Pepper - Vimarsana News

NY Appellate Court Reaffirms Pay-When-Paid Provisions Are Void as Against Public Policy | Troutman Pepper

Bank of America, N.A. v. ASD Gem Realty LLC, 205 A.D.3d 1, 164 N.Y.S.3d 566 (2022). - ASD Gem Realty LLC and ASD Diamond, Inc. (together, ASD or Owner) contracted Sweet...