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Itkowitz PLLC Helps Get MBE Subcontractor Paid on Construction Job


November 4, 2018

I tend to only write in these pages about our work in my area of core-competency, New York City landlord and tenant litigation. Here, however, is something a little different. As you may know, Itkowitz PLLC is a New York State Certified Women Owned Business Enterprise. Recently, we did some legal work for a New York State Certified Minority Owned Business Enterprise (an “MBE”), an HVAC Company.

The HVAC company had not been paid hundreds of thousands of dollars for heating and cooling equipment it had installed at a major university, while working as an MBE for a large general contractor. The general contractor had been unresponsive to pleas that the HVAC contractor be paid.  

We wrote a letter to the university Office of Construction Management, which stated in pertinent part:

Absent the cooperation of the general contractor, we will have no choice but to take legal action (including but not limited to the filing of liens). In that such actions will undoubtedly impact the university, we respectfully ask that, if possible, you encourage the general contractor to do the right thing and pay the amounts owed. 

Three days later, our client, the MBE-HVAC company, had a check in hand for the full amount owed. Apparently, the university did not want to do business with a contractor that left its MBE-subs hanging.

Respectfully submitted,

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