On Demand

Construction License Agreements in New York and How to Avoid Court Ordered Access


Created on December 22, 2016




Borne out of statute, but required of necessity, it is a little known fact that construction license agreements between adjoining property owners – whether court imposed through a judicial action or through mutual negotiations between parties – are statutorily required on every construction project, small or large. Through this hour long program by attorney Jeffrey R. Escobar, participants will be given a toolbox of what they need to know about construction license agreements, when your client needs a construction license agreement, and the risks your client faces if it is not obtained due to the ambiguities in the law. Highlighting what happens if your client refuses to grant a construction license agreement and the judicial steps necessary to secure a license agreement from a recalcitrant adjoining property owner, the program also covers the top areas of liability counsel typically misses when negotiating a court ordered license agreement, as well as how to both pursue and defend against claims arising under such license agreements. The program wraps up with identifying the best practices to avoid court ordered access to property and what steps you can take to place your client in the best position.

Who should attend? This seminar will be practical and useful for any construction or real estate professional involved with the development and deployment of construction, especially in New York City, as well as any construction practitioner who prepares construction contracts or who litigates construction claims, especially those who structure and lead in the development of large and complex development projects. Although focused on New York statutory requirements, practitioners in other jurisdictions will find the content useful as they negotiate the terms and conditions of construction license agreement and easements for their projects.

Learning Objectives:
  1. Identify what a construction license agreement is, when it is necessary to obtain one, and how to navigate its mechanics
  2. Understand the risks and pitfalls of failing to seek or to grant a construction license agreement and its impacts on a project
  3. Better grasp how to successfully draft and negotiate a construction license agreement and learn what provisions are always missed in negotiations
  4. Explore the best practices to avoid a court ordered access to a property

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