Suspending New York Construction Work for Nonpayment

Reviewed September 7, 2026.

Stopping work without the right contractual or statutory basis can create a separate breach. Before suspending, document the payment due, the reason for withholding, the contract's notice provisions and the risk to the project.

Statutory rights on covered projects

General Business Law § 756-b permits suspension in specified nonpayment circumstances on projects covered by Article 35-E. It requires advance written notice and an opportunity to cure, generally at least ten calendar days. A subcontractor must provide the required notice to both the owner and contractor. The statutory conditions, including whether payment is undisputed, must be checked.

Use the notice methods required by § 756, which defines written notice using fax and reputable overnight delivery. Do not assume an ordinary email is sufficient. Coverage exclusions mean these provisions do not govern every residential or public project.

Plan the suspension

State the payment default and proposed suspension date precisely. Coordinate site safety, protection of completed work, storage and remobilization records. Preserve lien and bond deadlines independently, and obtain advice before treating a payment dispute as permission to terminate the contract.

Kushnick Pallaci PLLC assists clients throughout New York with construction contract and payment-dispute advice. Contact 631-752-7100 or vtp@kushnicklaw.com.

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A Quarterly Contract and Payment Checklist for New York Contractors

Reviewed September 7, 2026.

A quarterly review is a useful opportunity to find unresolved changes, overdue invoices and approaching claim deadlines. The same checks should also occur when a project changes direction or payment stops.

1. Review the complete contract file. Keep signed agreements, amendments, incorporated specifications, bonds and insurance records accessible. Identify notice recipients, delivery methods and time limits for claims, delays and disputed changes.
2. Resolve undocumented changes. Record the instruction, authorized representative, added scope, price and schedule effect. An instruction from someone on site does not necessarily establish authority to bind the owner. Follow the contract’s change and claim procedures and preserve supporting labor, material and equipment records.
3. Reconcile invoices and waivers. Check billed amounts, approved changes, retainage and payments against the ledger. Review release language and specifically reserve unresolved claims where appropriate. Lien Law § 34 limits advance lien waivers but allows certain payment-related waivers and releases of filed liens.
4. Calendar separate remedies. Mechanic’s liens, bond claims, contract notices and lawsuits have different requirements. Do not wait until quarter-end if a filing or service deadline may be approaching. Keep evidence of qualifying work and deliveries.
5. Use the agreed dispute process. An initial decision, meeting or mediation may be required before arbitration or litigation. The executed contract and applicable law control; no single edition of a standard form governs every project.
6. Assess nonpayment before stopping work. Review contractual and statutory suspension rights, required notices and safe demobilization. An unjustified work stoppage can create a separate default even when money is disputed.

Assign responsibility for each unresolved item and a follow-up date. A short, documented review is most useful when it results in timely notices, complete records and a clear plan for the remaining work.

Kushnick Pallaci PLLC assists clients throughout New York with construction contract review and payment-risk planning. Contact 631-752-7100 or vtp@kushnicklaw.com.

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Pricing Mobilization, Demobilization and Restart Costs

Reviewed September 7, 2026.

Moving crews, equipment and temporary facilities onto or off a project costs money. Whether those costs are separately payable depends on the contract, bid schedule and reason for the move. A lump-sum price may already include ordinary mobilization and demobilization.

Define the events that change the price

Address owner-directed shutdowns, phased work, repeated moves, termination, delayed access and suspension for nonpayment. Specify notice, supporting records, applicable rates or actual-cost treatment, and any markup. Distinguish the initial planned move from additional moves caused by a compensable event.

Maintain equipment logs, hauling invoices, labor records and the schedule showing why a move was required. Separate actual additional expense from costs already included in the contract price, and take reasonable steps to limit avoidable loss. A contractor's own default does not create an automatic right to pass all shutdown costs to the owner.

For a suspension that satisfies the Prompt Payment Act, General Business Law § 756-b(2)(b)(iv)(A) addresses schedule extensions and negotiation of documented actual remobilization costs. Verify statutory coverage and notice compliance before relying on that remedy. A written restart agreement can reduce disputes over time and compensation.

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

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