CONSTRUCTION AND COMMERCIAL MATTERS INCLUDE:

  • Prosecuted a breach of contract action on behalf of a general contractor against the New York State School Construction Authority dealing with issues including contract interpretation, scope of work disputes, and change order valuation. Following a 15 day trial, judgment was entered in favor of my general contractor client for nearly $2 million.

 

  • Obtained Summary Judgment in favor of a masonry subcontractor against the general contractor relating to the GCs failure to pay for work performed. The approximately $550,000 Judgment was upheld on appeal.

 

  • Successfully represented an electrical contractor in a partnership dispute before a three member AAA panel under the Construction Industry rules. Following seven days of hearings, obtained an award approximately $600,000, including a determination that the opposing partner breached its fiduciary duty.

 

  • Obtained Summary Judgment in favor of my electrical contractor client for fraudulent conveyances with actual intent to defraud in Federal Court.

 

  • Successfully obtained a pre-answer dismissal of a RICO claim in Federal Court.

 

  • Conducted a 6 day trial on behalf of a Construction Manager relating to the owners’ failure to pay amounts due and owing, resulting in a Judgment in favor of the Construction Manager.

 

  • Awarded Summary Judgment dismissing prevailing wage claims brought by a class of plaintiffs.

 

  • Represented project developers in a joint venture dispute relating to the failure by the managing partner to pay proper distributions to my clients upon dissolution which was successfully settled during mediation.

 

  • Represented mechanical subcontractor in claim against general contractor and surety company to recover monies under the payment bond, wherein the bonding company ultimately paid my client following the completion of discovery.

 

  • Routinely assist general contractors in closing out Projects in order to obtain final completion of Project and release of retainage from public agencies and private owners.

 

  • Effectively defended surety company in claim against the payment from roofing subcontractor wherein the facts established that roofing subcontractor breached the subcontract and was not entitled to further payments.

 

  • Represented contractors and subcontractors in prevailing wage investigation by the New York City Department of Labor

 

  • Defended contractors in New York City Environmental Control Board cases resulting in dismissals of claims following hearings, successful appeals of hearings, and settlement negotiation of violations prior to hearings

 

  • Successfully defended property management company in EEOC claim and unemployment claim.

 

  • Represented contractor in OSHA investigations, including investigation following construction accident fatality

 

  • Represented contractors in EPA investigations relating to Renovation, Repair and Painting Law (RRP)

 

  • Drafted and negotiated construction contract language on behalf of contractors and subcontractors

 

 

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