Construction Law
- Represented numerous owners, developers, universities,
and charter schools in connection with negotiating and drafting a broad range
of contracts on multiple large-scale, multi-million dollar projects (ranging from
approximately $6M to more than $100M) for the construction of, among
other things, hotels, condominiums, rental developments, mixed use properties,
and schools and campus facilities in locations such as New York, Texas,
Dominican Republic, and Israel.
- Represented numerous of New York State public
school districts and municipalities as counsel for significant capital
improvement projects, having routinely:
- Assisted with development of RFP’s, proposal review, candidate interviews, and negotiated final contracts for architects, engineers and construction managers;
- Drafted forms of construction contracts and other
front-end specification documents (forms of Performance and Payment Bond and
related requirements; insurance requirements) for bidding and contract award in
compliance with public work requirements; and
- Assisted with the construction contract bid and award process (scheduling, resolution of irregularities, review of bonds, execution of contract).
- Negotiated and drafted multi-million dollar Energy Performance Contract on behalf of public school district.
- Represented numerous architects, engineers, general contractors and specialty subcontractors in connection with drafting and negotiating contracts and developing in-house forms for use on multiple projects.
- Investigated consultant billing irregularities on capital
improvement project and negotiated with consultant to resolve all issues,
including reduction in billing and establishment of new billing procedure for
remainder of project.
- Represented owners/developers in negotiation with adjacent
property owners (and assisted with retention of engineering consultants) to
allow for site access to perform existing conditions surveys, ongoing access to
protect property, erect temporary structures, and perform underpinning; and
regularly communicated with adjacent property owners throughout construction to
avoid and resolve disputes.
- Successfully represented public school district on
previously failed multi-million dollar project (which suffered from severe mold
contamination, construction and design defects, and budget shortfalls)
involving renovation of existing buildings and development of new school by,
among other things:
- Negotiating termination and replacement of construction
manager and original architect and drafting related agreements;
- Interfacing with the New York State Education Department
to resolve funding and construction related deficiencies;
- Assisting with retention of owner’s representative to
develop new schedule/budget and perform forensic accounting;
- Negotiating change orders with all remaining contractors
and material suppliers for completion of project;
- Leading investigation of originally planned mold
remediation and obtaining new consultants with alternative plan which provided
for significant savings;
- Assisting with obtaining additional funding for
project;
- Attending project meetings and assisting with resolution
of a myriad of previously undiscovered problems;
- Attending board of education meetings on behalf of the
board and interfacing with the public; and
- Preparing and presenting claim at an early mediation,
which set the course for the ensuing litigation, negotiation and final
settlement with the original construction manager, architect, certain
contractors and surety.
- Represented town developing and constructing a new town hall
in connection with bidding issues by: communicating with contractor whose
apparent lowest bid was non-responsive; documenting bid and award process; and
assisting with selection of next lowest bidder as lowest responsive/responsible
bidder so that town was able to successfully defend Article 78 proceeding
commenced by original non-responsive contractor in an attempt to expunge bid award.
- Successfully negotiated, after filing mechanic’s lien and
commencing litigation, close-out of construction project on behalf of general
contractor on a multi-million dollar new condominium project in Manhattan,
where owner/developer asserted liquidated damages claim and refused to tender
retained contract balance at final completion.
- Successfully negotiated
close-out of public school construction project on behalf of school district
for multi-million dollar high school renovation and new construction, where
contractor asserted claim and commenced litigation to avoid paying credits for
unperformed and defective work. Prior to serving an answer, obtained dismissal
of contractor’s complaint based on statue of limitations grounds. Following
dismissal, negotiated favorable settlement and contract close-out with
contractor paying substantial credit to school district.
- Successfully negotiated settlement, avoiding need for litigation, with insurance carrier on behalf of owner to reimburse majority of losses relating to building facade collapse where carrier initially denied coverage.
- Successfully assisted hotel owner/operator with resolution
of claims relating to fire from onsite co-generation system by negotiating
multi-party settlement with all relevant parties (insurance, engineer,
manufacturer, contractor) outside of litigation and arranging for immediate
repairs to system.
