Flaster/Greenberg's Construction Law Practice Group has extensive experience servicing entities involved in the construction process. In counseling and representing clients engaged in public and private, commercial and institutional projects, we are able to address all aspects of the construction process, from contract negotiations to on-site issues to project closeout. Licensed in New Jersey, New York, and Pennsylvania, we resolve disputes efficiently and effectively in all jurisdictions' state and federal courts as well as in private and court ordered mediation and arbitration.
Contract Formation and Negotiations
We help our clients by both aiding in the drafting and revision of documents and by providing counsel during the negotiation process. Contracts are drafted and negotiated in a way that maximizes success and minimizes risk.
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Government Contracts
We have experience in going before both federal and state administrative boards and agencies in cases involving contract disputes, construction claims, and bid protests.
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Bid Protests and Bid Withdrawls
We provide counsel for our clients during the awarding of public project contracts. And, if a bid challenge is warranted, we swiftly and effectively litigate through administrative proceedings as well as injunction proceedings. If you make a mistake in your bid, all is not lost and we will assist you in obtaining relief from your mistake.
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Delay, Disruption & Scope Claims
A project can, at times, run into delays and experience a drop in productivity for which the claims process may be a needed recourse. We can provide sound counsel on matters such as disruption, complex delay, and the acceleration claims process, as well as changed conditions, payment issues, and defaults.
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Suretyship
Surety is a very specialized and technical area of the law that involves both the written instruments associated with a project, and the project itself. Our construction department has the depth and breadth to approach challenges in the appropriate manner. The surety often makes critical decisions in terms of a project, and our counsel can be valuable not only in the midst of a crisis, but throughout a project.
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Alternative Dispute Resolution
Often times, the speediest and most cost-effective way to resolve a dispute is outside of the courtroom. For issues that arise throughout the planning and execution of a project, Flaster/Greenberg has a ready team of counsel experienced in all forms of arbitrations and mediations, as well as serving as arbitrators and mediators.
- Arbitration -- Both parties agree to present their cases to a neutral third party who serves as the fact finder and conducts hearings, considers evidence, and renders a final award. Both sides agree that the proceedings and the award remain confidential. In arbitration proceedings, the neutral third party can be either an individual arbitrator or a member of a panel.
- Mediation -- A mediator serves as an impartial third party, meeting with each side either separately or together to facilitate a resolution of the matter. Mediators can be court-appointed, agreed upon by both sides, or subject to an existing contractual agreement.
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Construction Litigation
When alternative dispute resolution is not possible, there may be no choice but to proceed to take matters to the state and federal courts of competent jurisdiction. For decades our Construction Litigation attorneys have handled disputes involving bid challenges, professional malpractice, construction defects, payment disputes, lien law application and enforcement, delay damage claims, mold claims, work-site injury claims, product defects, negligence, breach of warranty, contract, fraud and consumer fraud act claims. Our attorneys have successfully defended and prosecuted such claims through trial and through the appellate process.
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Representative cases include:
- Secured dismissal of claims against builder under both the applicable statutes of limitation and statute of repose;
- Enforced various contract terms for builder including arbitration clause, limited warranties and defense and indemnity provisions;
- Successfully secured discharge and dismissal of liens and lien claims and an award of attorneys' fees and costs based on lien claimant's failure to abide by requirements of the Construction Lien Law;
- Negotiated and prepared both public and private construction contracts for builders, owners, general contractors, subcontractors and professionals;
- Successfully addressed alleged regulatory violations asserted by government agencies against owners;
- Successfully secured coverage from carriers on behalf of owners in construction defect cases.