Construction Claims

Our construction claims work has been a significant area of our practice, particularly with regard to defense of New York State Labor Law claims. We have represented a major international construction manager and developer as well as two major public authorities in their construction litigation for over 25 years. We are continually retained by new clients for construction litigation in New York and New Jersey.

Among our recent accomplishments have been the defense of Labor Law claims of asbestos abatement workers involved in the deconstruction and decontamination of the former Deutsche Bank building at Ground Zero and the defense of Labor Law actions arising out of the construction of Citi field for the New York Mets professional baseball team.

We have been involved in many appeals on Labor Law issues and successfully obtained a seminal decision from the New York Court of Appeals in O'Sullivan v. IDI Construction Company, 7 N.Y. 3d 805 (2006) that material that is an integral part of the construction does not constitute debris and a tripping hazard for Labor Law 241(6) liability.

In Abbatiello v. Lancaster Studio Associates, 3 N.Y. 2d 46 (2004), we obtained a decision from the New York Court of Appeals that a property owner cannot have Labor Law 2401(1) liability where a property owner did not contract for or control a cable installer's work.

In Hastedt v. Bovis Lend Lease Holdings,152 A.D.3d 1159 (4th Dept 2017) we represented a construction manager under a contract where the construction manager was not a builder and had a limited role on the project as a program manager for the project owner. In the Labor Law 240(1) death case involving a construction worker, the plaintiff sought to impose statutory liability on the construction manager notwithstanding the limitations of the contract. We established case law that a construction manager that is not a builder does not have liability under Labor Law 240(1).

Our attorneys also represent tenants, trade contractors, subcontractors, employers and insurers in a variety of contexts: skyscrapers, hotels, stadiums, highways, universities, hospitals, social service agencies, shopping malls, apartment buildings and museums. We provide such representation throughout New York and New Jersey.

We are actively engaged in every aspect of construction-associated risks, including:

  • Work-site accidents
  • Construction defects
  • Property damage
  • Lead, mold, asbestos and other toxicity

Contact our law firm online or by calling 646-835-2552.