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Construction and Surety

Industry Team

  • FTC Takes Aim at Banning Non-Compete Clauses
Profile
Sectors
Services
Experience
People

Owners, contractors, design professionals and sureties rely upon Harris Beach to protect their interests from the bidding and contracting phases, through financing, zoning, permitting and contract administration, to help keep their projects moving forward to successful completion. Our attorneys have a reputation for ardent and effective prosecution and defense of indemnification claims, liens and bond claims for public and private sector clients engaged in all areas of the construction industry. We represent lenders, contractors, construction firms and developers to find solutions for both sides of the fence—resulting in billions of dollars of public and private construction projects throughout New York state. We handle all aspects of corporate work and contracts, labor and employment matters, including union workers and OSHA requirements; and pay close attention to both important contractual provisions and their triggering events to support favorable outcomes.

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Bidding

  • Handle public bidding issues under the State Finance Law and General Municipal Law, including lowest responsible bidder determinations and project labor agreements
  • Advise on compliance with bid documents related to prequalification of bidders, prevailing wage rate and Wicks Law issues, accepting and awarding bids, illegal bids and contracts, bid withdrawal, exceptions to bidding rules, challenges to bid awards and obtaining relief from bid mistakes

Contracts and Change Orders

  • Draft and negotiate construction documents and agreements with project architects, construction managers and contractors
  • Draw upon experience negotiating American Institute of Architects (AIA) family of contract documents to help resolve construction problems and disputes
  • Advise on maximizing contractual value and avoiding disputes when engaging services of architects, engineers and construction managers
  • Ensure appropriate indemnification and contribution language in contracts to insulate clients from unwarranted litigation
  • Advise on matters involving subsurface conditions, latent above-ground conditions, contractual “changed condition” clauses, disclaimers and exculpatory clause
  • Review with architects, engineers and consultants the origins of change orders to determine financial responsibility
  • Counsel on scope of work issues, deduct changes, the issuance of change orders, oral versus written change orders, the contractor’s duty to proceed with disputed work, the contractor’s duty to seek clarifications, defective specifications, performance specifications, rules of contract interpretation applicable to scope of work disputes, notice, protest and record keeping requirements
  • Advise on methods for pricing change order work, including pricing change related costs, unit prices, cost reimbursement contracts and impact costs

Diversity Compliance

  • Provide informed counsel on Minority and Women-Owned Business Enterprises (MWBE) procurements, supplier diversity initiatives and diversity compliance to help maximize opportunities in New York state

Environmental

  • Assist with navigating environmental and land use issues related to development and redevelopment, including State Environmental Quality Review (SEQR), National Environmental Policy Act, New York City Environmental Quality Review Act and New York Uniform Land use Review Procedures
  • Litigate claims related to SEQRA compliance, including Article 78 actions relating to zoning and sewer fee issues
  • Identify and optimize sustainable energy-related economic development incentives offered by entities such as the New York State Energy Research and Development Authority (NYSERDA)
  • Counsel on addressing regulatory requirements for project developers
  • Provide guidance on brownfield construction and projects on previously contaminated land

Financing

  • Maintain standing as nationally recognized bond counsel firm serving most New York state issuers and numerous industrial development agencies (IDAs) throughout the state
  • Counsel underwriters, borrowers and entities providing credit enhancement and/or liquidity on all types of public finance transactions
  • Handle transactions involving FHA-insured mortgage revenue bonds, letter of credit secured financings, bond insured financings and unrated issues
  • Manage projects financed through state agencies, projects financed through local industrial development agencies and housing authorities, and a variety of projects that are 63-20 financings
  • Handle both commercial and corporate loans and financing for construction projects

First Response Emergency, Crisis and Disaster Team

Government Compliance and Investigations

  • Assist and defend employers in connection with government audits and investigations for labor and union-related matters
  • Defend construction clients against OSHA violations
  • Counsel on regulatory requirements to manage risk and prevent fines
  • Represent clients in the event of investigations, including waste management and environmental issues

Litigation and Disputes

  • Represent clients in litigation relating to liability for poor design, faulty testing, inaccurate cost estimates, lack of supervision and inspection, lack of scheduling and coordination, and certification of progress payments
  • Represent clients in litigation relating to liability for poor design, faulty testing, inaccurate cost estimates, lack of supervision and inspection, lack of scheduling and coordination, and certification of progress payments
  • Defend companies against alleged violations in the event of an incident
  • Coordinate with Harris Beach statewide First Response, Emergency, Crisis and Disaster Team for rapid response to the scene of an accident to collect and preserve evidence
  • Counsel clients in determining delay, scheduling procedures/progress schedules, delay and disruption clauses in contracts, excusable delay, acts of God, force majeure, strikes and labor disputes
  • Take note of statutory and contractual notice requirements as pre-condition for pursuing a claim in mediation, arbitration and/or litigation
  • Counsel clients on “no damages for delay” clauses in contractor agreements and issues arising from owner’s damages for delay
  • Represent clients in enforcing contractual rights of public owners to obtain project objectives free from defective workmanship or other default situations; or to obtain compensation for such defaults
  • Counsel public sector and municipal clients in defects and failure in construction, including defects, faulty or improper materials, improper installation, and warranty clauses including implied and express warranties
  • Counsel clients on public improvement liens and litigation resulting from lien foreclosure actions, including owner’s rights in the face of liens
  • Handle matters involving claims of negligence, breach of contract and warranty, contribution and indemnity in multi-million dollar claims regarding water intrusion, pecuniary losses, lost revenue and payments to tenants, scheduling delays, repair and remediation, re-design and renovation costs
  • Counsel on matters alleging physical damage, cracked ceilings and walls, water infiltration and mold, design flaws, structural defects, damage to neighboring properties and defective building materials causing property damage and economic damages.
  • Address construction defect matters concerning diverse issues impacting liability, damages, the economic loss doctrine, apportionment and coverage involving architectural design, engineering, framing, waterproofing, masonry, excavation, HVAC, foundations, sheet-rocking, plumbing, electrical work, window and skylight installation and materials manufacture
  • Represent clients in claims of engineering and architectural malpractice

Personnel Matters

Labor and Employment

  • Represent owners and employers across public and private sectors in labor and union-related matters, including labor negotiations, arising from construction projects across New York state
  • Represent companies in matters involving OSHA issues, charges and hearings, including inspections, investigations and adjudication
  • Counsel on compliance with laws and regulations governing workplace safety and health and DOL Wage and Hour
  • Counsel in all matters concerning project labor agreements, prevailing wage issues, DOL investigations, strikes, boycotts, picketing and labor disturbances and attendant disruptions at the work site
  • Represent clients in workers compensation matters arising from construction accidents and owner’s liability under Labor Law Sections 240 and 241

Immigration

  • Assist employers in navigating through government regulation to secure foreign labor through the H-2B seasonal visa program, as well as permanent foreign labor programs
  • Counsel on compliance with laws and regulations governing workplace safety and health, I-9 and DOL Wage and Hour

Surety Law Services

  • Work with sureties in investigating and defending claims and in pursuing principals and indemnitors
  • Counsel on coverage issues, surety defense and issues related to cardinal change orders
  • Counsel sureties and both public and private owners in all aspects of performance and payment bond claims and litigation
  • Secure coverage under performance bonds which guarantee that contractors will fully and faithfully perform project work
  • Counsel owner clients in making and litigating claims under performance bonds for cost of completion, liquidated and delay damages, incidental and consequential damages, attorneys’ fees, punitive damage and interest
  • Review required payment bonds to prevent subcontractors and supplies from being unpaid by contractors on the job
  • Counsel and represent sureties of insolvent principals before bankruptcy tribunals

Owner’s Representation

Harris Beach recognizes that client solutions often involve more than just legal needs. That’s why we offer a unique, comprehensive approach to meeting our clients’ pressing non-legal challenges through our professional consulting subsidiary HB Cornerstone LLC.

HB Cornerstone is a full-service owner representation consulting firm that helps organizations with real property development and management. The professionals in this group have considerable experience in owner representation, planning and design, facilities consulting and move management, which provides a complete solution for clients seeking to build, expand or move. HB Cornerstone takes responsibility for project communications, coordination, scheduling budgets and overall project management. By exclusively representing the owner, they are not restricted or conflicted by other construction roles, tasks or responsibilities. This helps to ensure that the clients’ best interests are represented.

Team Leader(s)

David Edwards

David J. Edwards

Member

Team

All Insights, All Publications, Legal Alert |
 January 9, 2023
FTC Takes Aim at Banning Non-Compete Clauses
The FTC released a proposed rule aimed at prohibiting employers from utilizing non-compete clauses in employment agreements....read more
All Insights, All Publications, Legal Alert |
 July 6, 2022
New York State Court of Appeals Sides with Defendants in Three Labor Law Section 240(1) Cases
New York’s Court of Appeals sided with defendants in three recent decisions in cases alleging violations of New York Labor Law Section 240(1...read more
All Insights, All Publications, Covid-19, Legal Alert |
 January 21, 2021
SBA Issues Guidance on Next Round of PPP Loans, But Questions Remain
The Small Business Administration (SBA) has released updated Paycheck Protection Program (PPP) interim final rules which implement and provi...read more

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Construction and Surety

Industry Team

■ Profile

Owners, contractors, design professionals and sureties rely upon Harris Beach to protect their interests from the bidding and contracting phases, through financing, zoning, permitting and contract administration, to help keep their projects moving forward to successful completion. Our attorneys have a reputation for ardent and effective prosecution and defense of indemnification claims, liens and bond claims for public and private sector clients engaged in all areas of the construction industry. We represent lenders, contractors, construction firms and developers to find solutions for both sides of the fence—resulting in billions of dollars of public and private construction projects throughout New York state. We handle all aspects of corporate work and contracts, labor and employment matters, including union workers and OSHA requirements; and pay close attention to both important contractual provisions and their triggering events to support favorable outcomes.

■ Services

Bidding

  • Handle public bidding issues under the State Finance Law and General Municipal Law, including lowest responsible bidder determinations and project labor agreements
  • Advise on compliance with bid documents related to prequalification of bidders, prevailing wage rate and Wicks Law issues, accepting and awarding bids, illegal bids and contracts, bid withdrawal, exceptions to bidding rules, challenges to bid awards and obtaining relief from bid mistakes

Contracts and Change Orders

  • Draft and negotiate construction documents and agreements with project architects, construction managers and contractors
  • Draw upon experience negotiating American Institute of Architects (AIA) family of contract documents to help resolve construction problems and disputes
  • Advise on maximizing contractual value and avoiding disputes when engaging services of architects, engineers and construction managers
  • Ensure appropriate indemnification and contribution language in contracts to insulate clients from unwarranted litigation
  • Advise on matters involving subsurface conditions, latent above-ground conditions, contractual “changed condition” clauses, disclaimers and exculpatory clause
  • Review with architects, engineers and consultants the origins of change orders to determine financial responsibility
  • Counsel on scope of work issues, deduct changes, the issuance of change orders, oral versus written change orders, the contractor’s duty to proceed with disputed work, the contractor’s duty to seek clarifications, defective specifications, performance specifications, rules of contract interpretation applicable to scope of work disputes, notice, protest and record keeping requirements
  • Advise on methods for pricing change order work, including pricing change related costs, unit prices, cost reimbursement contracts and impact costs

Diversity Compliance

  • Provide informed counsel on Minority and Women-Owned Business Enterprises (MWBE) procurements, supplier diversity initiatives and diversity compliance to help maximize opportunities in New York state

Environmental

  • Assist with navigating environmental and land use issues related to development and redevelopment, including State Environmental Quality Review (SEQR), National Environmental Policy Act, New York City Environmental Quality Review Act and New York Uniform Land use Review Procedures
  • Litigate claims related to SEQRA compliance, including Article 78 actions relating to zoning and sewer fee issues
  • Identify and optimize sustainable energy-related economic development incentives offered by entities such as the New York State Energy Research and Development Authority (NYSERDA)
  • Counsel on addressing regulatory requirements for project developers
  • Provide guidance on brownfield construction and projects on previously contaminated land

Financing

  • Maintain standing as nationally recognized bond counsel firm serving most New York state issuers and numerous industrial development agencies (IDAs) throughout the state
  • Counsel underwriters, borrowers and entities providing credit enhancement and/or liquidity on all types of public finance transactions
  • Handle transactions involving FHA-insured mortgage revenue bonds, letter of credit secured financings, bond insured financings and unrated issues
  • Manage projects financed through state agencies, projects financed through local industrial development agencies and housing authorities, and a variety of projects that are 63-20 financings
  • Handle both commercial and corporate loans and financing for construction projects

First Response Emergency, Crisis and Disaster Team

Government Compliance and Investigations

  • Assist and defend employers in connection with government audits and investigations for labor and union-related matters
  • Defend construction clients against OSHA violations
  • Counsel on regulatory requirements to manage risk and prevent fines
  • Represent clients in the event of investigations, including waste management and environmental issues

Litigation and Disputes

  • Represent clients in litigation relating to liability for poor design, faulty testing, inaccurate cost estimates, lack of supervision and inspection, lack of scheduling and coordination, and certification of progress payments
  • Represent clients in litigation relating to liability for poor design, faulty testing, inaccurate cost estimates, lack of supervision and inspection, lack of scheduling and coordination, and certification of progress payments
  • Defend companies against alleged violations in the event of an incident
  • Coordinate with Harris Beach statewide First Response, Emergency, Crisis and Disaster Team for rapid response to the scene of an accident to collect and preserve evidence
  • Counsel clients in determining delay, scheduling procedures/progress schedules, delay and disruption clauses in contracts, excusable delay, acts of God, force majeure, strikes and labor disputes
  • Take note of statutory and contractual notice requirements as pre-condition for pursuing a claim in mediation, arbitration and/or litigation
  • Counsel clients on “no damages for delay” clauses in contractor agreements and issues arising from owner’s damages for delay
  • Represent clients in enforcing contractual rights of public owners to obtain project objectives free from defective workmanship or other default situations; or to obtain compensation for such defaults
  • Counsel public sector and municipal clients in defects and failure in construction, including defects, faulty or improper materials, improper installation, and warranty clauses including implied and express warranties
  • Counsel clients on public improvement liens and litigation resulting from lien foreclosure actions, including owner’s rights in the face of liens
  • Handle matters involving claims of negligence, breach of contract and warranty, contribution and indemnity in multi-million dollar claims regarding water intrusion, pecuniary losses, lost revenue and payments to tenants, scheduling delays, repair and remediation, re-design and renovation costs
  • Counsel on matters alleging physical damage, cracked ceilings and walls, water infiltration and mold, design flaws, structural defects, damage to neighboring properties and defective building materials causing property damage and economic damages.
  • Address construction defect matters concerning diverse issues impacting liability, damages, the economic loss doctrine, apportionment and coverage involving architectural design, engineering, framing, waterproofing, masonry, excavation, HVAC, foundations, sheet-rocking, plumbing, electrical work, window and skylight installation and materials manufacture
  • Represent clients in claims of engineering and architectural malpractice

Personnel Matters

Labor and Employment

  • Represent owners and employers across public and private sectors in labor and union-related matters, including labor negotiations, arising from construction projects across New York state
  • Represent companies in matters involving OSHA issues, charges and hearings, including inspections, investigations and adjudication
  • Counsel on compliance with laws and regulations governing workplace safety and health and DOL Wage and Hour
  • Counsel in all matters concerning project labor agreements, prevailing wage issues, DOL investigations, strikes, boycotts, picketing and labor disturbances and attendant disruptions at the work site
  • Represent clients in workers compensation matters arising from construction accidents and owner’s liability under Labor Law Sections 240 and 241

Immigration

  • Assist employers in navigating through government regulation to secure foreign labor through the H-2B seasonal visa program, as well as permanent foreign labor programs
  • Counsel on compliance with laws and regulations governing workplace safety and health, I-9 and DOL Wage and Hour

Surety Law Services

  • Work with sureties in investigating and defending claims and in pursuing principals and indemnitors
  • Counsel on coverage issues, surety defense and issues related to cardinal change orders
  • Counsel sureties and both public and private owners in all aspects of performance and payment bond claims and litigation
  • Secure coverage under performance bonds which guarantee that contractors will fully and faithfully perform project work
  • Counsel owner clients in making and litigating claims under performance bonds for cost of completion, liquidated and delay damages, incidental and consequential damages, attorneys’ fees, punitive damage and interest
  • Review required payment bonds to prevent subcontractors and supplies from being unpaid by contractors on the job
  • Counsel and represent sureties of insolvent principals before bankruptcy tribunals

Owner’s Representation

Harris Beach recognizes that client solutions often involve more than just legal needs. That’s why we offer a unique, comprehensive approach to meeting our clients’ pressing non-legal challenges through our professional consulting subsidiary HB Cornerstone LLC.

HB Cornerstone is a full-service owner representation consulting firm that helps organizations with real property development and management. The professionals in this group have considerable experience in owner representation, planning and design, facilities consulting and move management, which provides a complete solution for clients seeking to build, expand or move. HB Cornerstone takes responsibility for project communications, coordination, scheduling budgets and overall project management. By exclusively representing the owner, they are not restricted or conflicted by other construction roles, tasks or responsibilities. This helps to ensure that the clients’ best interests are represented.

■ People

Team Leaders

David J. Edwards

Member
(585) 419-8714
dedwards@harrisbeach.com

Team

Javid Afzali

Member
(518) 701-2775
jafzali@harrisbeach.com

H. Todd Bullard

Member
(585) 419-8696
tbullard@harrisbeach.com

Darius P. Chafizadeh

Member
(914) 683-1212
dchafizadeh@harrisbeach.com

Judi Abbott Curry

Member
(212) 313-5404
jcurry@harrisbeach.com

Leonard J. D'Arrigo

Member
(518) 701-2770
ldarrigo@harrisbeach.com

David J. Edwards

Member
(585) 419-8714
dedwards@harrisbeach.com

Abbie Eliasberg Fuchs

Member
(212) 313-5408
afuchs@harrisbeach.com

Stanley Goos

Member
(212) 313-5452
sgoos@harrisbeach.com

Brendan P. Hall

Associate
(212) 912-3635
bhall@harrisbeach.com

Seth T. Hiland

Member
(607) 330-7721
shiland@harrisbeach.com

Kelly Jones Howell

Member
(212) 912-3652
khowell@harrisbeach.com

David H. Kochman

Member
(212) 313-5488
dkochman@harrisbeach.com

Jack M. Martins

Member
(516) 880-8399
jmartins@harrisbeach.com

Steven P. Nonkes

Member
(585) 419-8847
snonkes@harrisbeach.com

Tyler A. O'Reilly

Member
(585) 419-8634
toreilly@harrisbeach.com

Scott D. Piper

Member
(585) 419-8621
spiper@harrisbeach.com

Kevin P. Ryan

Senior Counsel
(315) 214-2015
kryan@harrisbeach.com

Rajat R. Shah

Member
(716) 200-5109
rshah@harrisbeach.com

Joshua D. Steele

Member
(585) 419-8846
jsteele@harrisbeach.com

Richard T. Tucker

Member
(585) 419-8691
rtucker@harrisbeach.com

Lee E. Woodard

Member
(315) 214-2010
lwoodard@harrisbeach.com

Harris Beach and its subsidiaries provide a full range of legal and professional services for clients across New York state, as well as nationally and internationally. Harris Beach is among the country’s top law firms as ranked by The National Law Journal and is among the BTI Elite law firms based on in-depth interviews of more than 600 corporate counsel at the world’s largest and most influential companies. Our clients include Fortune 100 corporations, privately-held companies, emerging businesses, public sector entities, not-for-profit organizations and individuals. Principal industries we represent include education, energy, financial, food and beverage, health care, insurance, manufacturing, medical and life sciences, real estate developers, and state and local governments and authorities.

Industry Teams
Automotive and Vehicle Dealerships
Blockchain and Digital Assets 
Cannabis
Construction and Surety
Educational Institutions Higher Ed
Educational Institutions K-12
EMS and Fire Protection Providers
Energy
Financial Institutions and Capital Markets
Food and Beverage
Health Care
Industrial and Consumer Manufacturing
Medical and Life Sciences
Municipalities and Local Agencies
Nanotechnology
Photonics
Racing and Gaming
Real Estate Developers
Science and Technology
Telecommunications and Media
Unmanned Aircraft Systems
USA Collegiate Sports
Veterinary Medicine

Practices
Alternative Dispute Resolution
Appellate
Business and Commercial Litigation
Collection Law
Commercial Real Estate
Corporate
Cybersecurity Protection and Response
Diversity Compliance
E-Discovery (e-infoSM)
Employee Benefits
Employment Litigation
Environmental Law
Environmental, Social and Governance (ESG)
Financial Restructuring, Bankruptcy and Creditors’ Rights
Government Compliance and Investigations
Health Law
Immigration Law
Insurance Coverage
Intellectual Property Law
International Trade Law
Internet Law
Labor and Employment Law
Mass Torts and Industry-Wide Litigation
New Markets Tax Credit
Patent, Trademark and Copyright Law
Product Liability and Comprehensive General Liability
Public Finance and Economic Development
Real Property Valuation Litigation
Residential Real Estate
Tax Law
White Collar Crime
Wills, Trusts and Estates

Consulting Services
HB Solutions LLC
Collegiate Sports Compliance
Data Privacy and Cybersecurity
Economic Development and Public Affairs
Educational Institution Assistance
EMRG® (E-Discovery Management Resources Group)
Energy
Health and Human Services
Human Resources
Information Technology
Marketing and Communication Services
Municipal and Local Agency Assistance

HB Cornerstone LLC
Owner Representation
Design Services
Facilities Consulting
Move Management

Caetra.io
CyMetric (Cybersecurity Regulation Compliance Software)

Offices throughout New York:

Albany
677 Broadway
Albany, NY 12207
518-427-9700

Buffalo
726 Exchange Street
Buffalo, NY 14210
716-200-5050

Ithaca
119 East Seneca Street
Ithaca, NY 14850
607-273-6444

Long Island
333 Earle Ovington Boulevard
Uniondale, NY 11553
516-880-8484

New York City
100 Wall Street
New York, NY 10005
212-687-0100

Rochester
99 Garnsey Road
Pittsford, NY 14534
585-419-8800

Saratoga Springs
513 Broadway
Saratoga Springs, NY 12866
518-587-0551

Syracuse
333 West Washington Street
Syracuse, NY 13202
315-423-7100

White Plains
445 Hamilton Avenue
White Plains, NY 10601
914-683-1200

Offices also in:

New Haven, CT
195 Church Street
New Haven, CT 06510
203-784-3159

Newark, NJ
One Gateway Center
Newark, NJ 07102
973-848-1244

Washington, DC
800-685-1429

Attorney Advertising. Prior results do not guarantee a similar outcome.
© 2022 Harris Beach PLLC

Content current as of March 28, 2023 11:41 am
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