Construction Law

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Construction Law Practice

Our Construction law practice provides comprehensive advice and support to public and private entities on all legal aspects of construction, from the initial drafting of the contracts, through contract administration, to post-construction litigation and dispute resolution. The Construction Law group is staffed by lawyers with vast knowledge and sophistication in handling complex construction litigation cases. Our construction lawyers have developed an understanding of construction law fundamentals in a variety of contexts, are well versed in their application, and have substantial experience in counseling clients with respect to New York construction law matters, including the regulations that govern contracting with local, state and federal government entities, and can handle all aspects of public and private litigation in regard to New York construction law.

We represent clients in commercial, industrial, and residential construction processes throughout the state of New York on behalf of owners, developers, investors, lenders, contractors, subcontractors, architects, and design professionals, as well as insurers and bonding companies. We advise and represent clients on matters involving power and other process plants, transportation facilities, heavy and highway construction, airports, bridges, environmental remediation, waste water treatment, high-rise commercial buildings, residential buildings and developments, convention centers, hotels, schools, libraries, manufacturing and warehouse facilities, as well as underground utilities. We represent clients across a broad spectrum of projects and transactions both large and small that relate to new construction, renovations, modifications, and existing structures.

New York construction lawyers who understand negotiating and litigating construction law matters including, but not limited to:

  • New York construction law, New York City Administrative Code, state of New York Codes, Rules and Regulations (NYCRR) and Federal Regulations
  • Drafting, negotiating, review and enforcement of construction contracts in regards to New York construction law
  • Change orders
  • Construction contracts and subcontracts in regards to New York construction law
  • Managing delays
  • Industry standards
  • Construction litigation and dispute resolution
  • Preparing and evaluating bid documents
  • Zoning and land use in regards to New York construction law
  • Applications, licenses, permits, variances, appeals and representation at hearings in public review process and abatement of violations in regards to New York construction law
  • Regulatory and safety compliance
  • Identifying and addressing a construction site’s liability in regards to New York construction law
  • Relations with surrounding property owners, businesses and the public
  • Acquisition and land development
  • Financing and bonding in regards to New York construction law
  • Preparation of bid documents (RFP’s, RFQ’s, NIB’s, ITB’s)
  • Procurement and fulfillment of government contracts, including project delivery system selection, bid mistakes and bid protests
  • Formation, negotiation, drafting, review and interpretation of contracts, as well as contractual risk assessment within New York construction law guidelines
  • Contract performance issues, including claims avoidance, compliance, project documentation, changes and design issues, differing site conditions and delays, scheduling and acceleration
  • Selecting and implementing delivery methods, including design-build, fast-track projects and typical construction relationships
  • Handling insurance coverage and bonds questions and review and resolution of insurance claims
  • Analysis of employment issues,wage and hour issues, collective bargaining agreements, and compliance with applicable laws on race, gender, age and disability discrimination, as well as safety in the workplace in regards to New York construction law
  • Assessment, analysis and resolution of environmental issues, including communicating with appropriate governmental agencies
  • Analysis, advice and negotiation of intellectual property issues, including ownership of intellectual property rights and the use of documentation in regards to New York construction law

Each attorney in the Construction Law group stays informed of not only New York construction law, but also current industry trends and topics, an essential part of providing cutting-edge counseling and representation.

Real Estate Law DHC
City zoning map
Signing an agreement

Construction contracts

Our New York construction lawyers work to achieve favorable contract terms for our clients in the negotiation, drafting and review of construction contracts. We protect our clients’ rights by ensuring that the construction contracts clearly define each party’s responsibilities and deadlines, include contingencies for unforeseen circumstances, and provide mechanisms to avoid disputes which would otherwise result in litigation in regard to New York construction law.

Construction litigation and dispute resolution

When a dispute can only be resolved through litigation, our attorneys represent clients in construction litigation in New York, as well as in many other state and federal courts. We  negotiate and litigate claims and disputes involving private owners as well as government agencies. Our Construction Law practice team also has experience in arbitration and in alternative dispute resolution procedures, such as mediation and mini-trials as they pertain to New York construction law. 

Construction Law deal being made
Crane at construction site

Our representation in construction litigation involves:

  • Breach of contract or warranty claims
  • Contract terminations
  • Payment disputes, including Prompt Pay Act actions
  • Delay or acceleration
  • Scope of work
  • Bond and surety actions
  • Insurance claims
  • Construction defects
  • Project abandonment or termination
  • Construction project financing
  • Liens or foreclosure
  • Defense of violations issued by buildings department, state or federal regulators, including OSHA violation claims
  • Disputes or claims of property damage with neighboring property owners
  • Analysis and handling of creditor-debtor issues
  • Resolution of disputes and claims through mediation, arbitration, litigation or other methods

With our vast experience in all phases of the construction cycle and New York construction law, and coordination with our real estate, finance and litigation group practices, we are well qualified to assist clients in meeting their business, financial, and litigation objectives. Our lawyers also addresses disputes at their inception. We understand how to manage initial discord to secure interim productivity while seeking the final resolution of complicated issues in regard to New York construction law.

Once an issue has arisen, we assist clients with strategic assessment and develop a road map to achieve goals in an efficient and cost-effective manner. Our focus is to resolve all construction disputes in a way that is most favorable to our clients, while doing so in the most expeditious, economical, and business-like manner possible.

Attorneys and Professionals in this Practice Area


Derek Wolman

Derek Wolman


P: 646-428-3243



Charles Capetanakis

Charles Capetanakis


P: 646-428-3206

Alexander P. McBride

Alexander P. McBride

Senior Counsel

P: 646-428-3204

John B. Kiernan

John B. Kiernan

Of Counsel

P: 518-465-8230

Aphrodite Hepheastou

Aphrodite Hepheastou


P: 646-428-3212

Joseph N. Polito

Joseph N. Polito

Senior Counsel

P: 646-428-3219

Matthew Yogg

Matthew Yogg


P: 646-428-3272


Government Relations Professionals

Louis J. Coletti

Louis J. Coletti

Senior Adviser

P: 212-557-7200

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