Construction Claims, Litigation & Defense

One of our major strengths is the fact that our Senior Partner is a graduate Civil Engineer who was raised in the construction business.

We are skilled at reviewing the documents, plans, specifications and expert reports which are the essence of a project, and which often contain the key to settlement or winning at trial when a situation requires litigation. In addition, we appreciate the pressures involved in meeting budgets and schedules, and in protecting cash flow. Our clients have included developers, general contractors, subcontractors, sureties, major suppliers, design professionals and specialty contractors.

Running a business – whatever its size or role – requires skill and constant attention. Our client relationships are characterized by our working “in the trenches” with our clients on a daily basis and our advice covers the broad spectrum of problems they encounter. This combination of direct day to day personal involvement and experience serves our clients’ practical needs while we assist them.

Construction Claims, Litigation and Defense

We have handled construction claims and lawsuits against the whole scope of public and private owners, including the Federal government, the States of New York and New Jersey and the City of New York and their various agencies, local municipalities and private owners and developers. These claims have involved millions of dollars due as contract balance or retainage, the cost of extra and additional work, escalation, and changes due to delay or inefficiency. Given our knowledge of the entire construction process, we have been involved in complex multi-party litigation arising out of troubled construction projects and building collapses.

Bid Challenges

In the construction industry it is crucial to get the work at the right price. Much time and effort is expended in fine tuning prices at bid time. Thus, a contractor can be severely disappointed when it is the apparent low bidder but is denied a contract. Although challenging an owner’s decision to not award a contract to a particular company is an uphill battle, we are conversant with the principles of the competitive bidding laws, particularly Section 103 of the New York General Municipal Law and the Public Officers Law – including the Freedom of Information Law (“FOIL”) contained therein.

General Counsel and Advice

Our construction law practice extends to all the principal areas of construction law and the legal problems of our clients cover the waterfront. As a result, we are essentially general counsel to many of our clients. In that regard, our work has included:

  • Incorporation and Ownership Issues
  • Contract Negotiation and Review
  • Mechanic’s Liens
  • State and Federal Bond Requirements
  • Business Structuring
  • Cash Flow Issues
  • Surety Litigation

Some key case studies from our construction claims, litigation and defense practice: