When responding to document requests or a subpoena duces tecum, litigants in New York traditionally have been faced with the onerous privilege log requirements set forth in Section 3122 of the New York Civil Practice Law and Rules. Section 3122 requires a litigant who withholds any responsive documents to provide to the requesting party a privilege log containing a separate entry for each withheld document. Each entry must disclose the legal grounds on which the document is withheld, in addition to certain identifying information including the type of document, the general subject matter of the document, and the date of the document. N.Y. CPLR § 3122(b). In complex construction disputes, there is often a large volume of privileged documents, and thus preparing a privilege log that meets the requirements of Section 3122 can be time consuming and expensive.
Branch Banking & Trust Co. v. Construction Supervision Services Inc. (In re Construction Supervision Services Inc.), 753 F.3d 124 (4th Cir. 2014)
Our sister publication, Bankruptcy-Real Estate-Insights.com, recently discussed the unique issues relating to the perfection of mechanics liens after the filing of a bankruptcy petition as resolved by the United States Court of Appeals in a recent decision.
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Pending House Bill 473 seeks to amend the current lien law by creating a centralized construction notices registry in Pennsylvania known as the State Construction Notices Directory (“Directory”), which would provide owners and general contractors with access to a database listing all potential lien claimants on a registered project.
An owner would have the option of registering a project by filing a notice of commencement on the Directory and posting a copy at the site of the project prior to the start of physical construction.