Kushnick Pallaci PLLC`s building lawyers regularly manage building permit contracts in the five counties of New York and Long Island. They have negotiated and drafted numerous agreements, ranging from simple, fast-moving projects to complex, multi-year, multi-million dollar construction projects. They have also prosecuted and defended numerous RPAPL 881 cases. For more information, see www.nyconstructionlaw.com A license agreement is a written agreement between two parties in which an owner authorizes another party to use this property under a certain set of parameters. A license agreement or license agreement typically includes a licensor and a licensee. · Will the developer/contractor compensate the neighbouring owner against claims for injury or property damage? In addition to detailing all parties involved, license agreements detail how licensed parties are allowed to use the properties, including the following parameters: License examples can be found in many different industries. An example of a license agreement is an agreement between software copyright holders and a company that allows them to use the computer software for their day-to-day business operations. Not all agreements are amicable. In fact, many disputes require the parties to resolve the terms of the license agreement. In New York, there is a special procedure called RPAPL Section 881. It allows a party seeking access to the construction to apply to the court for court approval. The judicial license contains many of the same conditions as the extrajudicial building permit agreement.

However, the conditions are determined by the judge. Therefore, in the end, the conditions could be more or less advantageous, so there is a risk of not resolving the conditions amicably. It is important to note that certain types of work, such as justification . B, may not be subject to court approval. Indeed, the justification is a permanent intrusion and the court is not authorized under current jurisprudence to authorize a permanent intrusion on the objection of the neighboring owner. · Does the developer reimburse the neighbour for the costs incurred under the building permit contract? These may include both attorneys` fees and technical fees to review the warranties and ensure they are adequate. Those entering into a licensing agreement should consult a lawyer as there are complexities that are difficult to grasp for those who do not have a thorough understanding of intellectual property law. The bargaining power of both parties to a licensing agreement often depends on the type of product. For example, a film studio that licenses the likeness of a popular superhero to an action figure creator could have significant bargaining power in this negotiation, as the manufacturer is likely to benefit enormously from such an agreement. The film studio therefore has the leverage to take its business elsewhere if the manufacturer is cold on its feet.

Our firm has negotiated such deals for real estate throughout the city and for projects of all sizes, from the renovation of single-family homes on the outskirts to the construction of forty-story buildings in Midtown and downtown Manhattan. We know how to protect homeowners. These are just some of the topics that can and should be addressed in a building permit agreement. The building permit agreement is important for both parties to ensure that they are “on the same side” in terms of work and the rights and obligations of each party. We therefore strongly recommend that anyone entering into a building permit contract consult a lawyer. Although many agreements are reached amicably, it is not uncommon for the parties not to be able to find a solution, and in these situations, a dispute (as part of an RPAPL procedure) can often be necessary to resolve access issues. · What insurance will the developer/contractor provide to the neighbouring owner to protect them from claims for personal injury or property damage that arise as a result of the work done? A building permit contract is a written agreement between the developer (or owner or contractor) performing the work and the neighboring owner and describes the conditions under which access to the neighboring property is allowed. In virtually all cases, it is in the best interest of the developer and adjacent owner to seek legal advice to negotiate and draft the license agreement.

If you are looking for a lawyer to draft your license agreement, make sure they have experience with building permit contracts in New York, experience with RPAPL 881 petitions in New York, and experience in construction law in New York. While your goal is likely to avoid litigation, you still want a construction lawyer who knows and has handled RPAPL 881 proceedings. The reason for this is that they will be able to properly inform you of the risks and costs associated with the procedure if you are unable to reach an agreement on certain license conditions. This is crucial information you need to have before you leave the negotiating table. Similarly, it is important to have an experienced construction lawyer in New York, as there will be problems in negotiations that require special knowledge to protect your interests. This could include knowledge of mechanical privilege issues, insurance coverage and coverage, and more. · Does the developer or contractor conduct an investigation prior to construction? If so, will it be made available to the neighbouring owner? This is probably one of the most common questions from neighboring homeowners. Unfortunately, there is no clear answer. The fee is determined by a number of factors, including the amount of work required, the duration of the work, the inconvenience the work will cause, and the relationship between the parties. It`s not uncommon to have a monthly license fee of just $500 per month or up to $10,000 per month. Similarly, it`s not uncommon to have a fixed royalty of $5,000 or up to $100,000+.

The only way to determine a reasonable fee for your license agreement is to talk to a construction lawyer about the details of your particular situation so that the details of the construction in question can be evaluated. License agreements describe the terms under which one party may use another party`s property. While the properties in question may include a variety of elements, including real estate and personal effects, licensing agreements are most often used for intellectual property such as patents and trademarks, as well as copyrights for written materials and visual arts. In recent years, the number of “881” cases has skyrocketed due to the explosive number of construction projects around the city – and probably also due to the number of inexperienced builders struggling to meet demand. New York State courts rendered decisions on 881 petitions in a quick clip, some of which had a profound impact on the rights and obligations of licensees and licensors. Our firm has extensive experience in initiating and defending 881 petitions. An example of a restaurant license agreement would be if a McDonald`s franchisee has a licensing agreement with McDonald`s Corporation that allows them to use the company`s branding and marketing materials. And toy manufacturers regularly sign licensing agreements with movie studios, giving them legal authority to produce figurines based on the popular similarities of movie characters. The geography of New York City presents developers with unique challenges, as the buildings are so tight against each other that it can be difficult, if not impossible, to complete a construction project without access to a neighbor`s property.

Section 3309 of the New York City Building Code requires contractors to place protective measures such as nets or sheds on the other side of the property line to protect people and neighboring property from damage. .