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    Construction (Engineering)

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  • Legal support for architectural projects, construction projects, engineering projects and infrastructure projects.

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  • Prioritization of critical path activities in agreements and contracts.

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  • Legal support for ethics violations.

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  • Legal support for sustainable design and Leadership in Energy and Environmental Design (LEED) certification.

 

  • Representation for engineers in situations involving typical engineering practice issues, such as: acceleration; affidavit of merit; approval problems; architectural design defects; as-built drawings defects; asbestos abatement issues; bad faith; budget overruns; building collapses; building envelope defects; cardinal change; certificate of merit; civil engineering design defects; commercial building defects; concurrent delays; consequential damages; construction administration negligence; construction bonds; construction drawings defects; construction liens; constructive trust; cost overruns; contractor licensing; delay-in-startup (DSU); defective materials; design drawings defects; disruptions; electrical design defects; embezzlement; employment issues; environmental conditions; equipment failures; escrow; ethics violations; failure to inspect; failure to supervise; fidelity bonds; fraud; general delays; geotechnical conditions; governmental investigations; hidden conditions; human resources issues; incompetent personnel; indemnification; interference; internal investigations; labor issues; latent conditions; lead-based paint remediation; limitation of liability (LOL); liquidated damages; mechanical design defects; mechanics’ liens; mold intrusion damage; negligence; pay-if-paid; pay-when-paid; payment bonds; performance bonds; performance guarantees; permitting problems; personal Injury; professional exemptions (for minimum wages and overtime); prompt payment problems; property damage; public bidding issues; reputational risk management; retainage; risk management; roof defects; shop drawings defects; schedule delays; scope change; set-off rights; site improvement delays; specification sections defects; storm water management design defects; structural design defects; structural failures; subrogation; surety bonds; unauthorized practice; Uniform Commercial Code (UCC); warranties; waste water treatment design defects; water intrusion damage; works-for-hire.

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  • Experience with numerous forms of engineering agreements and contracts, such as the: alteration agreement (between the condo owner or co-op shareholder and the condo management company or the co-op board of directors); build-operate-transfer (BOT); cost plus (such as: cost plus fixed percentage; cost plus fixed fee; cost plus fixed fee with guaranteed maximum price; cost plus fixed fee with bonus; cost plus fixed fee with guaranteed maximum price and bonus; cost plus fixed fee with sharing any cost savings); design-build; design-bid-build; engineering, procurement and construction (EPC); engineering, procurement, construction and installation (EPCI); incentive (such as: cost reimbursement; fixed price); integrated project delivery (IPD); lump sum; master work agreement; measurement; net cost; percentage of construction fee; professional services agreement; unit price.

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  • Legal review of various document packages related to engineering projects, such as: as-built drawings; bid documents (such as Request For Information - RFI, Request For Proposals – RFP, Request For Qualifications – RFQ, Request For Solicitations – RFS); construction documents (including addenda, contract terms and conditions, construction drawings, form contracts, modifications, specifications); procurement documents; project manuals; proposal documents (such as letter of agreement, letter of intent – LOI, proposal letter); record drawings; shop drawings.

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  • Legal review of project documentation, such as the: applications and certificates for payment; certificate of final completion, related documentation for final payment and all releases; certificates of substantial completion (if different certificates are issued relating to different areas of the project, pursuant to the milestone schedule – otherwise, then just the single certificate of substantial completion); change orders and supporting documentation; documentation for engineering services originally in the engineer-owner agreement but subsequently deleted or suspended by the owner; dated images of the construction progress taken by the engineer or the engineer’s employees; documentation for all non-conforming work accepted by the owner; executed engineer-owner agreement and attached exhibits; logs of every document of any type associated in any way with the project; meeting notes taken by the engineer or the engineer’s employees at the meeting; reports prepared by the engineer or the engineer’s employees; written site observations by the engineer or the engineer’s employees, recorded during site inspection visits.

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  • Representation for engineers regarding intellectual property (IP) in general, copyright infringement, copyrights, licensing, patent infringement, patents, trade dress, trade dress infringement, trademark infringement, trademarks, trade secrets, works-for-hire.

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  • Copyright registration generally for “architectural works” (including drawings) created on or after December 1, 1990, and for unconstructed architectural works represented in unpublished drawings if the architectural work (here, meaning a building) was eventually constructed on or before December 31, 2002.

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  • Representation for engineers regarding alleged license-threatening conduct violations, such as: conviction of any crime involving moral turpitude; deceit or fraud in obtaining a license; gross negligence or misconduct in the practice of engineering; inability to practice (perhaps due to drunkenness, use of controlled substances, chemicals, or other mind-altering substances); professional incompetence; recklessness; severe mental or physical incapacitation; violating the rules of professional conduct; workplace violence.

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  • Experience managing Occupational Safety and Health Act (OSHA) claims.

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  • Experience managing asbestos and mesothelioma claims, and approximately 77,000 asbestos litigation cases (with the untiring support of an average staff of 40 lawyers and paralegals).

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  • Experience with typical engineering dispute situations, such as: administrative agency proceedings; alternate dispute resolution (ADR); domestic and international arbitrations – such as the American Arbitration Association (AAA), International Chamber of Commerce (ICC), International Centre for Dispute Resolution, Judicial Arbitration and Mediation Services, Inc. (JAMS), and the dispute resolution rules promulgated by the United Nations Commission on International Trade Law (UNCITRAL); jury and bench trials; mediations; nonbinding adjudications; pre-dispute negotiations; proceedings before dispute review boards.

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  • Negotiation and drafting of typical engineering practice agreements, contracts and documents, such as: build-out agreements; change orders; claims; construction management agreements; contract amendments; contract modifications; contract novations; cooperation agreements; design-bid-build agreements; design-build agreements; equipment purchase contracts; high-low agreements; indefinite delivery indefinite quantity (IDIQ) contracts; item rate contracts; joint defense agreements; letters of credit; liquidating agreements; long-term maintenance agreements; measurement contracts; operating agreements; parent guarantees; project close-out agreements; project finance agreements; purchase orders; restructuring agreements; specifications sections; tender documents; term agreements (generally for ongoing services as required, such as a: master agreement – MA; master services agreement – MSA; service level agreement – SLA); time and materials (T&M) contract; tolling agreements; turnaround agreements; turnkey agreements.

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  • Negotiation and drafting of various engineering project management legal structures, such as: alliances; certified B corporations; consortiums; corporations; general partnerships; integrated project delivery (IPD); joint ventures; limited liability companies (LLCs); limited partnerships; partnering agreements; public-private partnerships (P3 or PPP); S corporations; single purpose entity (SPE) agreements; strategic alliances; teaming agreements.

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  • Management and procurement of numerous types of engineering practice insurance coverages, such as: auto liability; builders’ all-risk; captive insurance; catastrophic; commercial general liability; construction all-risk; construction vehicle liability; employers’ liability; environmental liability; errors and omissions; excess; officers’ and directors’ liability; owner-controlled insurance programs (OCIPs); personal injury; primeguard; professional malpractice liability; property damage; reinsurance; subguard; workers’ compensation; umbrella.

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  • Experience with numerous forms of engineering and construction project financing arrangements and structures.

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  • Extensive use of building information modeling (BIM) as a forensic tool in domestic and international ADR, building analysis, claims, construction drawing analysis, historic preservation, litigation, mediation and presentations.

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  • Experience with engineering contracts and administrative proceedings for historical preservation projects.

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  • Representation for engineers and contractors in disputes with co-operative (co-op) boards of directors and condominium (condo) associations.

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  • Legal support for New Jersey home inspector licensure, pursuant to N.J.A.C. 13:27-4-.12.

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  • Advocate for the application of Zero Trust (ZT) cybersecurity principles to architectural cloud-based and internal networks to further the application of Zero Trust Architecture (ZTA) (here, referring to computer “architecture” rather than bricks-and-mortar architecture) promulgated by the National Institute of Standards and Technology (NIST) in Special Publication (SP) 800-207.

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  • Authoring and editing various types of specification sections, such as: architectural; design; engineering; guideline; interface; master; materials; performance; product; project; quality; requirements; standards; test.

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  • Familiarity with various styles for writing specification sections, such as: descriptive; performance; proprietary; reference standards.

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  • Familiarity with Racketeer Influenced and Corrupt Organizations (RICO) Act and usury considerations in architectural, engineering and construction contracts.

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  • Application of the argument that Covid-19 constitutes a force majeure event in delay claims and litigation.

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  • Outside General Counsel and Corporate Secretary services for architectural, construction and engineering firms, including minority-owned business enterprises (MBEs), veteran-owned business enterprises (VBEs) and women-owned business enterprises (WBEs).

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  • Familiarity with employment and professional liability issues related to contract engineering employment.

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  • Compliance with Federal guidelines, laws, regulations, rules, statutes and treaties relating to engineering practice, such as the: Age Discrimination in Employment Act (ADEA); Americans with Disabilities Act (ADA); Architectural Barriers Act (ABA);Architectural Works Copyright Protection Act (AWCPA); Civil Rights Act (CRA) Title VII; Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”); Davis-Bacon Act (DBA); Contract Work Hours and Safety Standards Act (CWHSSA); Copeland "Anti-Kickback" Act (CAKA); Defense Federal Acquisition Regulation Supplement (DFARS); Executive Order 13658, Establishing a Minimum Wage for Contractors; Executive Order 13706, Establishing Paid Sick Leave for Federal Contractors; Federal Acquisition Regulation (FAR) – particularly Part 36 Construction and Architect-Engineer Contracts; Federal Arbitration Act (FAA); General Services Acquisition Manual (GSAM) – particularly Part 536 Construction and Architect-Engineer Contracts; Immigration Reform and Control Act (IRCA); Little Miller Act (LMA); McNamara-O'Hara Service Contract Act (SCA); Miller Act (MA); Occupational Safety and Health Act (OSHA); Wage Rates Requirements Statute (WRRS); Walsh-Healey Public Contracts Act (PCA).

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  • Compliance with Connecticut agencies, guidelines, laws, opinions, regulations, rules and statutes related to engineering practice, such as the: Connecticut Administrative Code (Conn. Agencies Regs.), Title 20 (Professional and Occupational Licensing, Certification), Sections 20-300-1 – 20-300-15 (Professional Engineers and Land Surveyors); Connecticut General Statutes (CT Gen Stat), Title 20 (Professional and Occupational Licensing, Certification, Title Protection and Registration. Examining Boards), Chapter 391 (Professional Engineers and Land Surveyors); Connecticut State Department of Consumer Protection (CSDCP) – Occupational and Professional Licensing Division (OPLD); Connecticut State Department of Consumer Protection (CSDCP) State Board of Examiners (SBE) for Professional Engineers and Land Surveyors.

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  • Familiarity with Connecticut professional and trade association guidelines and publications related to engineering practice, such as the: Connecticut Construction Guidelines Coalition “The Manual for Successful Building Projects”; USLaw Network, Inc. “State of Connecticut Construction Law Compendium”.

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  • Compliance with New Jersey agencies, guidelines, laws, opinions, regulations, rules and statutes related to engineering practice, such as the: New Jersey Division of Consumer Affairs (NJDCA) State Board of Professional Engineers and Land Surveyors (SBPELS); New Jersey Administrative Code (N.J. Admin. Code), Title 13 (Law and Public Safety), Chapter 40 (State Board of Professional Engineers and Land Surveyors); New Jersey Revised Statutes Annotated (NJ Rev Stat) Title 45 (Professions and Occupations) Sections 45:8-27 – 45:8-60; New Jersey Building Design Services Act (NJBDSA) N.J.S.A. 45:4B-1 – 45:4B-14.

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  • Compliance with New York agencies, guidelines, laws, opinions, regulations, rules and statutes related to engineering practice, such as the: New York Codes, Rules and Regulations (NYCRR), Title 8 (Education Department), Chapter II (Regulations of the Commissioner), Subchapter B (Regulation of Professions), Part 68 (Engineering, Land Surveying And Geology); New York Consolidated Laws, Education Law – EDN (NY EDN), Title VIII (The Professions), Article 145 (Engineering, Land Surveying and Geology) NY EDUC Sections 7200 – 7212; New York State Education Department (NYSED) Office of the Professions (OP); NYSED OP Guidelines for Professional Engineering Practice in New York State.

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  • Compliance with New York City agencies, guidelines, Local laws, opinions, regulations, rules and statutes related to engineering practice, such as the: New York City Local Law 11/98 (requires façade inspections every 5 years for buildings over 6 stories); New York City Greener, Greater Buildings Plan (GGBP) (including Local Law LL87); New York City Climate Mobilization Act (including Local Law LL97).

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  • Familiarity with New York professional and trade association guidelines and publications related to engineering practice, such as the: American Council of Engineering Companies of New York (ACEC); New York State Society of Professional Engineers (NSPE-NY) Ethics Resources; Structural Engineers Association of New York (SEAoNY).

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  • Compliance with Pennsylvania agencies, guidelines, laws, opinions, regulations, rules and statutes related to engineering practice, such as the: Pennsylvania Code (Rules and Regulations) Title 49 (Professional and Vocational Standards), Part I (Department of State), Subpart A (Professional and Occupational Affairs), Chapter 37 (State Registration Board for Professional Engineers, Land Surveyors and Geologists); Pennsylvania State Registration Board for Professional Engineers, Land Surveyors and Geologists; Pennsylvania Statutes (Pa. Const. Stat.) Title 63 P.S. Professions and Occupations (State Licensed), Chapter 5 (Engineer, Land Surveyor and Geologist Registration Law).

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