Warshaw Burstein LLP | Construction | Representative Matters
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Construction

  • Construction Matters

    Litigation/Arbitration/Mediation/ADR
     

    • National heavy construction contractor delay claim prosecution in New York State Supreme Court against state agency on uncontemplated multi-year bridge reconstruction project in Westchester County, NY, including extensive CPM scheduling and concurrent delay issues.
    • Delay claim prosecution for electrical prime contractor on substantially extended duration for municipal water pollution control plant construction project, in New York City, with administrative settlement process, leading to unprecedented interim settlement during ongoing extended construction period.
    • Litigated defense for utilities contractor against horizontal drilling subcontractor on electrical utility project in Suffolk County, NY, and pretrial summary judgment motion resulting in dismissal of all extra work and delay claims, affirmed on appeal by Appellate Division, Second Department.
    • Represented state authority in multiparty lien foreclosure and related claims on university building construction projects in New York City.
    • Consulted issues of delay, time extension and incentive payment entitlement for national heavy construction contractor on substantial design-build contract for major municipal agency terminal ramps rehabilitation in New York City.
    • Successfully defended national construction management company in a litigation instituted by a foundation contractor assertions claims on large university medical school building construction project in Connecticut, dismissed against a summary judgment in U.S. District Court of Maryland, and appeal dismissed in U.S. Court of Appeals, Fourth Circuit.
    • Represented state authority on multi-million dollar litigation claims for breach of engineering and design contract and professional malpractice against multiple defendants on 500MW power plant construction project in New York City, resolved in negotiated settlement during pre-mediation phase.
    • Consulted on arbitration proceeding for out of state design-build joint venture contractor substantial claim against engineering design subconsultant for under designed quantities, extra work and delay damages on construction of largest U.S. cable-stayed bridge.
    • Prosecuted, through mediation for joint venture of four large heavy construction contractors on major multilevel arterial highway construction project in Boston, MA, resulting in positive resolution of extensive extra work and delay claims.
    • Delay claim prosecution for contractor against major municipality and administrative settlement on bridges rehabilitation contract in New York City.
    • Defended litigation for contractor and structured settlement, on eve of trial, of surety indemnity claims in U.S. District Court for the District of New Jersey, on bridge construction project for municipal agency in New York City.
    • Arbitrated before the American Arbitration Association and claims prosecution and defense for major utilities contractor in multiparty proceeding on electrical conduit installation project to significantly increase utility power capabilities on Long Island, with substantial recovery on client claims.
    • Procured rescission of municipal agency contractor default and expunged default from record on water pollution control plant construction contract in New York City.
    • Numerous contractor extra work and delay claims on heavy construction projects prosecuted against state and local agencies, through contractual administrative processes.

    Contract Drafting and Negotiation
     
    • Developed and negotiated for regional prime contractor on innovative water tunnel inspection process for major New York municipality, including unique tripartite agreement among municipality, consulting engineers and contractor.
    • Developed and negotiated international subcontract for local utilities contractor with large Italian conglomerate on New York – New Jersey electrical facilities project.
    • Developed standard and tailored subcontracts for construction contractors on public and private sector projects, and related subcontract negotiations.
    • Developed and negotiated of joint venture agreements for construction contractors on public sector projects.
    • Advised a union pension fund and drafted all contracts in connection with construction of union’s Brooklyn headquarters, and representation of union on related issues involving building underpinning, property rights, warranty, subcontractor disputes and surveying malpractice
    • Drafted and negotiated contracts for developer of construction projects for senior citizen assisted living facilities throughout the United States.

    Environmental
     
    • Represented National environmental remediation contractor on multiple subcontractor equitable adjustment claims for contaminated soil treatment process at federal agency Superfund project sites in New Jersey.
    • Represented national environmental remediation contractor in defending against federal agency “whistle blower” claims of contaminated water wrongful discharge on Superfund cleanup project in Florida, with substantial PowerPoint presentation at agency regional office leading to withdrawal of claims, and avoidance of potentially costly penalties and debarment proceedings
    • Continuing representation of an oil company in connection with contamination litigation and site clean-up actions under New York State Navigation Law