Reviewed September 7, 2026.
In Beys General Construction Corp. v. Hill International, Inc., 92 AD3d 407 (2012), the First Department affirmed a subcontractor's payment judgment.
The subcontractor supplied completion and inspection records and an affidavit supporting the unpaid balance. The contractor's audit adjustments were not adequately connected to the particular requisitions or shown to remain outstanding. The court also rejected reliance on prime-contract documentation requirements that did not concern the scope, quality, character or manner of the subcontract work.
Make intended requirements explicit
A general incorporation reference is not a dependable substitute for stating payment-documentation obligations in the subcontract. Identify required forms, certifications, supporting records and submission dates, and provide the referenced documents before signing.
The decision does not excuse compliance with requirements actually imposed by an enforceable subcontract. Payment claimants should still document completion and the balance due; parties asserting credits or back charges should connect each deduction to specific work and records.
Kushnick Pallaci PLLC assists clients throughout New York with construction subcontract review. Contact 631-752-7100 or vtp@kushnicklaw.com.
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