87 Chambers: Excavation Liability Depends on the Design Professional’s Actual Role

Reviewed September 7, 2026.

87 Chambers, LLC v. 77 Reade, LLC, 122 AD3d 540 (1st Dept 2014), distinguished the architect’s role from the engineer’s role after an adjoining building partially collapsed. The original headline blurred that distinction.

The architect obtained dismissal. Designing a building with a cellar and subcellar and knowing excavation would occur did not establish that the architect caused the excavation within Building Code § 3309.4. Its agreement did not assign excavation responsibilities, and the evidence did not establish the necessary negligence or control.

The engineer did not obtain dismissal of the excavation, negligence and related cross claims. Evidence raised questions about whether it substantially contributed to the excavation design and methodology, including recommended changes adopted over the excavation contractor’s objections. Those questions required further resolution; the court did not finally find the engineer liable.

Review duties and actual participation

Liability analysis should examine the code applicable to the work, causation, contract scope and what each participant actually did. A professional title or general site visits do not answer the question. Preserve drawings, revisions, meeting minutes, recommendations and objections showing who selected or changed the excavation method. Designers, contractors and owners should coordinate technical responsibilities, insurance and timely incident notice before a dispute develops.

Kushnick Pallaci PLLC assists clients throughout New York with excavation and design-related property damage litigation. Contact 631-752-7100 or vtp@kushnicklaw.com.

Attorney Advertising. General information, not legal advice.

Suffolk County Home Improvement Licensing: Check Town and Village Rules

Reviewed September 7, 2026.

A Suffolk County home improvement license does not answer every licensing question on an East End project. Determine the exact town and incorporated village, the contracting entity, and the work to be performed before bidding or signing.

Check the authority for the project address

Consult Suffolk County Consumer Affairs and the applicable town or village. Southampton maintains its own home improvement licensing program. East Hampton and Shelter Island also require particular attention to local rules. Do not assume a county license replaces a required local license or registration.

Definitions and exceptions differ. Landscaping, demolition, new construction, specialty trades and work on accessory structures should be evaluated under the actual governing code. A license, building permit and trade qualification serve different purposes; having one does not establish compliance with the others.

Protect payment rights before work begins

Confirm that the license covers the business named in the contract, the project location, the work and the relevant dates. Keep the license and renewal records in the project file. Failure to hold a required consumer-protection license can defeat contract and quantum meruit claims and mechanic’s lien enforcement, as well as expose the contractor to regulatory penalties. Resolve uncertainty with the licensing authority and construction counsel before proceeding.

Kushnick Pallaci PLLC assists clients throughout New York with contractor licensing and consumer affairs matters. Contact 631-752-7100 or vtp@kushnicklaw.com.

Attorney Advertising. General information, not legal advice.

NYC Special Inspection Agencies: Registration, Qualifications and Insurance

Reviewed September 7, 2026.

Agencies performing special inspections in New York City must be registered with DOB for the work they undertake. The Class 1, Class 2 and Class 3 categories are classifications based on inspection scope, not three training classes that every applicant must attend. The earlier article misstated this distinction.

DOB’s current registration requirements explain the categories, three-year registration term, staffing and insurance requirements. Inspectors must satisfy the applicable qualifications in Appendix A of 1 RCNY § 101-06. Confirm the agency’s registration, endorsements, class and any required accreditation for the particular inspection.

Check the agency before the inspection is needed

DOB lists professional liability coverage of $500,000 for registered architects and professional engineers, at least $1 million per occurrence general liability coverage for licensed trades, and workers’ compensation coverage or an appropriate waiver for agencies. Review actual policies and applicable requirements rather than assuming a registration alone proves sufficient project coverage.

An agency must maintain the required address or service agent and a full-time primary director, with permitted alternative directors subject to the rule. Keep inspection responsibilities, reports, nonconformance notices and closeout records coordinated with the design and construction team. The 2012–2013 transition dates in the old post are historical, not current application deadlines.

Kushnick Pallaci PLLC assists clients throughout New York with construction inspection and compliance disputes. Contact 631-752-7100 or vtp@kushnicklaw.com.

Attorney Advertising. General information, not legal advice.

NYC Major Buildings: The Seven-Story or 75-Foot Threshold

Reviewed September 7, 2026.

New York City’s major-building definition changed effective December 11, 2024. For applicable initial permits and permit requests, the height triggers are an existing or proposed building with seven or more stories or a height of 75 feet or more. The old ten-story or 125-foot figures are no longer the general current threshold.

Additional triggers remain: a building footprint of 100,000 square feet or more regardless of height, or a DOB Commissioner designation based on unique construction or demolition hazards. See DOB’s official notice on Local Law 147 of 2021.

Check permit timing and the type of work

The notice applies the change to initial permits issued and initial permit requests submitted on or after December 11, 2024, and explains treatment of earlier filings whose initial permits had not been requested or issued. Do not classify a project using its application date alone.

Major-building status affects site-safety requirements, which must be evaluated for the particular work under Chapter 33 and applicable rules. The notice states that the change does not alter the separate façade-work site-safety trigger of more than 14 stories or 200 feet. Professional licensing qualifications and stop-work-order clearance requirements require their own review.

Kushnick Pallaci PLLC assists clients throughout New York with construction compliance and project disputes. Contact 631-752-7100 or vtp@kushnicklaw.com.

Attorney Advertising. General information, not legal advice.