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Many people are wondering how to resolve the shelter-in-place and social distancing directive from New York State with the back and forth travel and contact with others that is inherent in any custody order. Parents are rightfully worried about the health and safety of their children as well as themselves. But the COVID-19 virus should not be used as a means to deny access unnecessarily. So what to do?
A child’s relationship with both parents in a divided family is of the upmost importance to the child’s overall well-being and emotional health. In these stressful and uncertain times, the need for emotional stability and consistency is critical for children to feel safe and secure, but must be weighed with protecting the child’s health. If a parent is not infected, not exhibiting symptoms and does not have any known exposure to someone with COVID-19, then parenting time should take place as usual. If a parent or someone in that household is infected, showing symptoms or has known exposure to an infected person then the other parent may keep the child at home for the 14-day recommended period. A parent working outside the home should not be a basis for denial of access. However, there have been issues related to parents working in the medical field where it may not be appropriate for visitation to occur.
While access to courts is limited at this time, many judges have made it clear that a parent’s behavior during this time will not be ignored and will be used as a basis for future determination of parental fitness, once there is court access. In addition, emergency applications may be considered in custody violations during this pandemic. Common sense must prevail with respect for each parent’s right to be with their child. Each child needs both parents, especially in these uncertain times. As always, the best interest of the children must be the foremost consideration.
No doubt the COVID-19 pandemic will be causing problems on construction projects for many months to come.
Below is a quick primer of items to be aware of while your project is in limbo and starts up again:
Many contracts have time limits for contractors and subcontractors to submit claims for increased costs because of the delay caused by unforeseen events, and in this case the COVID-19 shutdown. Check your contract for these dates and know when you have to notify the owner or contractor in order to make a timely claim. Once you are aware of a claim, submit it immediately so that your rights are not lost.
Questions to ask yourself:
No doubt, payment for work and materials you supplied to a project will also be impacted by the pandemic. These are the general rules if you want or need to file a mechanic’s lien to protect your rights to be paid.
If you are a contractor, subcontractor or supplier and the project is a private improvement in New York, you have 8 months from the date you last provided labor or materials to the project to file a mechanic’s lien for commercial jobs, and 4 months if it is a residential project. Do not delay in contacting an attorney to assist you with preparing and filing a mechanic’s lien if you are worried about payment, especially because your recovery can be limited to the balance due on the contract if you are a subcontractor or supplier.
If your contract is related to a public improvement in New York, a subcontractor and supplier can file a public improvement mechanic’s lien within 30 days of completion and acceptance of the project, but you really do not want to wait that long because your recovery can be limited to the balance due on the contract if you are a subcontractor or supplier.
Labor and Material Payment Bonds for Public Improvement and Federal Projects: Public improvements and Federal projects may also have a labor and material payment bond component. Some private projects have payment bonds, but it is unusual these days. If your job has a payment bond, find out the time limits to make a claim under the bond if you need to. These are strict time limits sometime as short as 30 days, but if you meet the requirements of the bond and file timely, it is another very important source for payment. Be diligent and do not delay in investigating this and making your claim for payment if you are worried.
If you find yourself in a position where you want to learn more about what rights and options you may have in a particular situation, contact Douglas J. Mahr, Esq. at Scolaro Fetter Grizanti & McGough, P.C. at 315-477-6264.
As we navigate the COVID-19 pandemic, the New York State Court system is working extremely hard to open up the Court system. Effective March 16, 2020, New York State Chief Administrative Judge Lawrence Marks postponed all “non-essential” functions of the court system until notice.
On March 22, 2020, Judge Marks issued administrative order AO/78/20, which significantly limited the receipt of filed papers by courts and county clerks in litigation matters. AO/78/20 applies to both paper and electronic filings, and extends to all trial courts. Consistent with Governor Cuomo’s Executive Order suspending statutes of limitations in legal matters until further notice, AO/78/20 limited court filings to matters deemed to be “essential.” A list of essential matters is attached to AO/78/20 which is subject to amendment in the future. In addition to the case types specified on the list, judges may deem any individual matter to be “essential” as circumstances require.
It is important to note that AO/78/20 does not address the following:
As of April 6, 2020 and in an effort to restore some “normalcy” to the judicial system, the Unified Court System implemented a “virtual court” model in all trial courts in each of New York State’s 62 counties to address essential court matters (as defined in AO/78/20). In this virtual court system, legal matters are handled by remote appearances of judges, attorneys, and most non-judicial staff, through audiovisual appearances, telephone communications, and digitized exchanges of papers. The “virtual court” allows court operations to continue while at the same minimizing courthouse traffic and safeguarding everyone’s the health and safety.
We encourage you to contact us if you have questions about pending actions you may have or about whether an action you may want to commence is deemed “essential.”
For now, stay safe.
Since 1979, the Syracuse-based law firm of SCOLARO FETTER GRIZANTI & McGOUGH, P.C. has provided sophisticated tax, business, litigation, employee benefits, estate and trust planning and administration services to its individual, business, entrepreneurial and professional clients throughout New York, Pennsylvania, Florida and other states in which its attorneys are admitted to practice.