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    Construction (Litigation)

 

  • Alternative dispute resolution (ADR), arbitration, litigation, negotiation and mediation for construction, Equal Employment Opportunity Commission (EEOC), finance, human resources (HR), information technology (IT), intellectual property (IP), mediation, mergers and acquisitions (M&A), personal injury, real estate, sexual harassment, wrongful discharge and other related issues.

 

  • Representation at zoning board and planning board hearings.

 

  • Representation of owners, designers, architects, material suppliers, contractors, and subcontractors, through all phases of project, from planning through post-completion.

 

  • Proactive advice to avoid litigation, arbitration, and other legal conflicts.

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  • Investigated and evaluated factual circumstances at issue in disputes, engaging in early case assessment, and successfully resolved disputes prior to litigation when appropriate.

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  • Provided litigation risk assessments, such as advising clients on estimated costs of litigation, possibilities of success, scope and nature of risks, valuation of various potential outcomes, and available alternative dispute solutions, such as arbitration, court-ordered mediation and settlement options.

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  • Very successful collections negotiations, and management of outside domestic and international counsel.

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  • Successful resolutions of disputes that arise with suppliers, contractors, consultants, owners, suppliers and vendors.

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  • Negotiated and resolved contract amendments, change orders, settlement agreements, other instruments and claims, and coordinated with outside lawyers, risk management and claims professionals.

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  • Experience with New York Labor Law LAB § 240 – Scaffolding and other devices for use of employees.

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  • Negotiating and representation for commercial and construction claims against governmental and private entities.

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  • Initiates claims against owners, governmental entities, contractors and subcontractors, and defends against such claims.

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  • Management of potential claims from and against clients and subcontractors during project execution, as well as any related ADR, arbitration, mediation, EEOC hearings, Occupational Safety and Health Administration (OSHA) issues and litigation.

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  • Investigated, managed and resolved claims relating to compliance with labor regulations, such as the 1963 Civil Rights Act Title VII, Age Discrimination in Employment Act (ADEA), Americans with Disabilities Act (ADA), Davis-Bacon Act, Fair Labor Standards Act (FLSA), False Claims Act and Workers' Compensation.

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  • Managed investigations of potential compliance or governance issues.

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  • Management of all litigation and outside law firms, provides detailed status reports on all legal actions and evaluations of potential actions.

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  • Litigation and claims involving antitrust, delays, insurance, labor, liens, OSHA regulations, payments, subcontractors.

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  • Management of internal legal staff (attorneys, paralegals and clerical) and legal budget, in accordance with office protocol, as necessary to support case management and prosecution.

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  • Construction defect and claims litigation, including pleadings, motions, briefs, letters, memoranda and reports to management, articles, legal research, paper and electronic discovery practice, records retention and management, legal hold, depositions and other pretrial examinations, coordination with experts, consultants and outside counsel, direction of internal litigation teams, and drafting and filing of Mechanic’s Liens.

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  • Negotiation with outside and opposing counsel, experts and consultants on litigations and settlements.

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  • Consultation with outside counsel in other jurisdictions to develop strategy, review pleadings, briefs and memos.

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  • Construction-related pleadings, motions, briefs, letters, memoranda and reports to management, articles, legal research, paper and electronic discovery practice, records retention and management, legal hold, depositions and other pretrial examinations, coordination with experts, consultants, outside counsel and internal litigation teams.

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  • Conducts witness preparation, depositions and other pretrial examinations, and then tries cases to conclusion before judges, juries and other triers of fact, such as arbitrators and mediators.

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  • Extensive personal interaction with opposing counsel, court personnel, experts, consultants and others, as required.

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  • Extensive use, management, testing, recommendation, selection and procurement of various legal case management software platforms, such as AbacusLaw, Actionstep, Alt Legal, Bill4Time, CaseFox, Clio, CloudLex, Concordance, DPS, Filevine, Firm Central, HoudiniEsq, Lawcus, LawGro, LegalFiles, LegalTrek, Lexbe, LexRex, MerusCase, MyCase, PracticePanther, Rocket Matter, Sheriasoft LPM, SmartAdvocate, Tabs3, Workshare.

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  • Management of and personal participation in large-scale paper discovery, e-discovery and document review projects.

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  • Representation in various actions involving consumer laws such as the Fair Debt Collection Practices Act (FDCPA), Servicemembers Civil Relief Act (SCRA), New Jersey Consumer Fraud Act (NJCFA), Telephone Consumer Protection Act (TCPA), New Jersey Motor Vehicle Lemon Law (NJMVLL) and New Jersey Fair Credit Reporting Act (NJFCRA).

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  • Representation for Regional Transmission Organization (RTO) and Independent System Operator (ISO) in proceedings.

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  • Authored and managed discovery, e-discovery and electronic document retention protocols, procedures and corporate policies in relation to Electronic Discovery Reference Model (EDRM) guidelines.

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  • Managed the procurement of domestic and international records management and records retention software platforms (such as DocStar, DocumentLocator, eFileCabinet, Fluix, GoCanvas, HotDocs, PinPoint and ViewCenter).

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  • Provided records management and records retention training and support to domestic and international personnel.

 

  • Representation for a wide range of construction disputes, including defective work, delays and cost overruns, mechanic's liens, disputes regarding retention of fees or final payment.

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  • Representation for both union and nonunion cases.

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  • Typical construction issues, such as inaccurate plans, delays caused by the buildings department or late deliveries, hidden site conditions (such as conduits, pipes, rock formations or unstable subsoil) requiring extensive changes to the plans, labor disputes, work site injuries, work stoppages.

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  • Representation for drafting, discharging, filing, foreclosure, negotiation, removal and resolution of mechanic's liens.

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  • Typical issues during the project, such as bankruptcy, breach of contract by a party, the owner's arbitrary or unexplained failure or refusal to pay for work,  stop work orders issued by an administrative agency.

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  • Injunctive relief from the court when appropriate, until the dispute is resolved.

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  • Representation for construction defects claims and defenses, such as defective drawings, plans or specifications (and since the contractor would presumably have performed the work in accordance with such drawings, plans or specifications, no defect was caused by the contractor, so the cost of repair, correction or replacement is the owner's responsibility).

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  • Representation regarding foundation work and possible damage to neighboring property through faulty excavation, underpinning, caisson drilling and shoring, such as damage during initial demolition work caused by vibration or equipment failure, shifts in the earth caused by excavation on the construction site causing damage to structures on adjacent properties.

  • Representation regarding insurance coverage (or lack thereof) for the damage to adjacent land or structures.

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  • Representation for claims involving architectural and engineering malpractice, breach of contract, defective work, delays, liens, claims analysis and resolution.

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    Last updated 200515_1148

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