When construction project disputes move from thorny to intractable, Olshan’s Construction Litigation attorneys help owners, contractors and design professionals resolve them with effective advocacy and creative solutions that reflect our clients’ goals.
A Knowledgeable, Skilled and Formidable Team
Known as formidable opponents in and out of court, Olshan’s highly regarded Construction Law litigators have extensive trial and appellate court experience in complex commercial disputes and construction-related claims.
Our construction attorneys excel at every stage of a case, from pre-litigation negotiations through case resolution, representing clients in mediations, arbitrations, at trial and on appeal. Our deep knowledge of the construction industry, contracts and the entire design and construction process combined with our sophisticated commercial litigation experience results in short ramp-up times on cases, insights into the likely path a case will take and effective case resolution strategies. Leveraging our vast network of experts, consultants and technical support firms, we develop cogent arguments based on incisive analysis and expert testimony. Time and again, our approach has secured high-value outcomes and precedent-setting wins.
The Construction Litigation Group is also broadly experienced in all forms of alternative dispute resolution including dispute resolution board (DRB) hearings, mediations and arbitrations. When no alternative procedure is specified in a contract, we are prepared to litigate in state and federal courts across the country and seek emergency injunctive relief for our clients.
Overall, our clients benefit from the same skills, resources and experience as larger firms offer but with greater individual attention and the agile, innovative, cost-effective approach of a boutique firm.
The Work We Do
Representing developers, institutional and commercial owners, schools, owners’ representatives, construction managers, contractors, architects and engineers in a variety of high-stakes matters, we have resolved disputes involving wide-ranging issues including:
- Construction defects (including warranty claims)
- Project completion (close-out or abandonment)
- Delay claims (including acceleration, constructive acceleration and loss of productivity claims)
- Bond claims
- Extra work claims
- Architectural/engineering malpractice
- Mechanic’s liens
- Adjoining property access
- New York State Lien Law trust enforcement
- Bidding Disputes
- Insurance coverage disputes
- Change order-related claims
- Concealed conditions
Risk Avoidance Strategies
Beyond the courtroom, clients rely on us for proactive risk management and avoidance strategies, insurance coverage assessment and guidance, liability allocation advice and well-crafted construction-related agreements. In addition, our attorneys routinely help clients resolve partnership disputes, loan-related claims, real estate issues and indemnification matters.
- Represented a developer in implementing, and then successfully confirming, a novel use of liquidating agreements to allow pass-through claims from a contractor against the architect. North Moore Street Developers, LLC v. Meltzer Mandel Architects, 23 A.D.3d 27 (N.Y. App. Div. 1st Dept. 2005).
- Represented contractor to recover the entire amount of a bid deposit from a New York City agency after bringing an Article 78 proceeding and demonstrating that the agency had not followed proper bidding procedures.
- Recovered $1.5M from a nationally recognized construction manager for construction defects in a luxury Manhattan high-rise condominium.
- In a three-day arbitration, defeated a tenant’s claim against the landlord for reimbursement of approximately $1.5 million in costs to comply with Local Law 11.
- On appeal, defeated a developer’s attempt to impose an access license through an RPAPL 881 proceeding by demonstrating that the developer could not make the required showing of necessity; then defeated the developer’s attempt to claim that the litigation was intended to interfere in developer’s agreement with its construction manager. AREP Fifty-Seventh, LLC v. PMGP Assoc., LP, 101 A.D.3d 440 (Y. App. Div. 1st Dept. 2012); 115 A.D.3d 402 (N.Y. App. Div.1st Dept. 2014).
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