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Construction

Our attorneys remain at the forefront of issues facing the construction industry by regularly teaching, writing and lecturing on legal and practical construction related topics.  Our current knowledge and broad experience enable us to assist our clients in the identification, allocation and avoidance of construction related risk.

We represent owners, developers, lenders, architects and engineers, construction managers, and contractors in all facets of the construction process from the earliest stages of project planning through final completion and dispute resolution.  We bring to each project our in-depth knowledge of the construction industry, enabling us to formulate solutions tailored to our clients’ business needs.

Our attorneys also advise our clients on business issues such as pricing, scheduling, financing and project delivery.  We also have extensive litigation expertise, handling construction disputes before state and federal courts and mediation and arbitration tribunals.

We regularly prepare and negotiate contracts using industry standard forms, such as the American Institute of Architects form agreements, as well as some of the most complex project or owner specific custom forms and master forms of agreement.  Our experience includes the drafting and negotiation of owner/contractor agreements, construction management agreements (both CM at risk and as owner’s agent), design services agreements, design-build agreements, owner’s representative agreements, subcontracts and development agreements.

Our projects have included large institutional projects, residential, retail and commercial rehabilitation and ground-up construction, hospital and healthcare facility construction and renovation, small and utility scale solar projects, and industrial projects such as manufacturing facilities and wastewater treatment plants.  We also have experience with publicly funded and non-profit projects and have a strong understanding of the issues that are specific to those sectors.

Our services include:

  • Contract drafting and negotiation
  • Environmental issues affecting property acquisition, development and construction
  • Construction financing
  • Litigation and alternative dispute resolution (ADR)
  • Construction insurance and bonding
  • Indemnification and risk allocation
  • Designer-led design-build
  • Scope of work disputes
  • Neighboring property disputes
  • Landlord & tenant construction related issues
  • Project acceleration, interference and delay claims
  • Building code violations
  • Building material failures
  • Design errors
  • Warranty, workmanship and construction defect disputes
  • Mechanic’s liens and trust claims

For more information about our Construction practice, please contact John-Patrick Curran.

Manhattan Beer- Rooftop Solar

Location: Manhattan, NY

SPR represented Manhattan Beer Distributors in connection with a contract to purchase and install a 1.1 megawatt rooftop photovoltaic generation system atop the client’s Bronx warehouse.  This is the largest privately-owned solar energy installation in New York City.  The Firm negotiated the design/build contract, including its technical specifications, as well as operational and maintenance documents.  The Firm also counseled regarding technologies appropriate for the client’s facility, and successfully negotiated system upgrades to avoid potential reliability issues.  The Firm prepared the template installation contract for the client to use at its multiple other facilities, and tailored that template to account for the particular circumstances posed by each such facility.

Equinor Wind – Empire Wind Offshore Wind Projects

Location: Long Island, NY

SPR represents Equinor Wind US in the local and state permitting and development, and aspects of federal permitting, for the Empire Wind 1 and the Empire Wind 2 offshore wind projects that will supply New York State with over 2 gigawatts of renewable energy, power 1 million homes, and provide billions of dollars of economic benefits to the State. The projects also are expected to provide tens of millions of dollars in investments in long-term port facilities, related infrastructure, and new technologies. Together, these offshore wind projects will help the State meet the renewable energy and offshore wind capacity mandates set forth in NY’s Climate Leadership and Community Protection Act, diversify NY’s energy portfolio, and reduce greenhouse gas emissions. SPR assisted Equinor acquire various properties that will support its offshore wind projects, and helps navigate the remediation of those properties thorough the Brownfield Cleanup Program. The Firm also advises Equinor on parkland alienation and conversion issues, on the development of an offshore wind port in New York City that will service Equinor’s offshore wind projects and house the onshore substation for the Empire Wind 1 project, on other required local approvals and land rights, on contractor procurement, and on diligence for private finance relating to environmental permitting and litigation risk. SPR assisted Equinor on the development of the Beacon Wind 1 offshore wind project until early 2024, when Equinor transferred its interest in that project to another offshore wind developer.
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The Educational Alliance

Location: New York, NY

SPR represented the Educational Alliance, Inc. as general and construction counsel during the rehabilitation of its 124-year-old flagship building at 197 East Broadway, including serving as the Alliance's attorneys in a $44 million New Markets Tax Credits financing.

Hudson Valley Shakespeare Festival

Location: Garrison, NY

The Hudson Valley Shakespeare Festival (HVSF), a critically acclaimed nonprofit theater organization, has proposed to build a new permanent theater overlooking the Hudson River in Garrison, New York. The project is designed to be the first purpose-built LEED Platinum certified theater in the United States. In 2023 HVSF was awarded a $10 million grant from the New York State Council of the Arts to help build their new theater. SPR is guiding the project through the process of environmental impact review, local land use approvals, a proposed zoning amendment, and review of construction contracts.

Unisys

Location: New York, NY

SPR represents Northwell Health, the largest private employer in the state of New York, with respect to a former owner’s ongoing efforts to remediate an approximately one million square foot complex owned and operated by Northwell that was historically developed as a defense industry manufacturing facility.

Radial Power Asset – Accord Power

Location: New York

SPR represents a construction contractor in connection with an Engineering, Procurement and Construction (EPC) contract for the construction of solar energy projects.

“Structuring Environmental Site Access Agreements: Avoiding Costly Pitfalls”

For: Strafford Webinars

June 20, 2023 | Presented by John-Patrick Curran

“Rights and Responsibilities Related to Claims for Defects In Design and Construction”

For: Lawline.com

2021 | Presented by John-Patrick Curran

“Mitigating Environmental Risk In Construction”

For: Lawline.com

2021 | Presented by John-Patrick Curran

“Local Law 154 Pulls the Plug on Fossil Fuels in New Buildings: Is New York City Ready for Its All-Electric Future?”

For: 33 Environmental Law in New York 169

October 2022 | Written by Adam Stolorow (and Evan Preminger)

“The Dotted Line: How Contractors Ensure The Project Owner Can Pay”

For: Construction Dive

September 24, 2019 | Contributor John-Patrick Curran

“The Dotted Line: What Makes a Successful RFP”

For: Construction Dive

April 30, 2019 | Contributor John-Patrick Curran

“Mitigating Environmental Liability From Construction Debris and Contaminated Soil”

For: Strafford Publications, Inc.

February 12, 2019 | Presented by John-Patrick Curran

“Wetlands Regulations: Considerations for Project Developers”

For: Lexis Practice Advisor Practice Note

December 2018 | Written by Elizabeth Knauer and Mark Chertok

“The Dotted Line: Mitigating the Risk of Unforeseen Site Conditions”

For: Construction Dive

September 25, 2018 | Contributor John-Patrick Curran

“The Dotted Line: 4 Reasons Why Construction Companies Should Have an Attorney Review Contracts”

For: Construction Dive

December 12, 2017 | Contributor John-Patrick Curran

“Claims for Defects in Design and Construction”

For: Lorman Education

September 15, 2017 | Presented by John-Patrick Curran

“Inside the Nation’s Varying Contractor Licensing Rules — And How They Impact Business”

For: Construction Dive

May 25, 2017 | Contributor John-Patrick Curran

“A Lawyer’s Guide to Power Purchase Agreements for Renewable Energy”

For: Lawline.com

May 24, 2017 | Presented by John-Patrick Curran

“Inside the Complicated Legal Terrain of the Design-Build Delivery Method”

For: Construction Dive

October 13, 2016 | Contributor John-Patrick Curran

“The Dotted Line: Inside the ‘Dance’ of Subcontractor Negotiations”

For: Construction Dive

June 7, 2016 | Contributor John-Patrick Curran

“Managing Stormwater From Construction Activities: A Guide to New York State’s Construction General Permit”

For: Environmental Law in New York

April 2016

“The Importance Of Contractual Indemnification”

For: New York Law Journal

March 13, 2013 | Written by John-Patrick Curran

“Lien on Me – Understanding NY Mechanics Liens”

For: Lawline.com, Webcast

March 12, 2013 | Presented by John-Patrick Curran

“Contractual Indemnities: Key Provisions and Best Practices”

For: CLE Program

March 6, 2013 | Presented by John-Patrick Curran

“Apartment Alterations: a Case Study”

For: NYS Bar Association, CLE Program

January 24, 2013 | Presented by John-Patrick Curran

“Options Available for Owners To Challenge Mechanic’s Liens”

For: New York Law Journal

September 12, 2012 | Written by John-Patrick Curran

“Owner’s Rider to the AIA Form of General Contract”

For: New York Law Journal

June 20, 2012 | Written by John-Patrick Curran

“Reducing Owner’s Construction Risk: A Case Study”

For: CLE Program

June 6, 2012 | Presented by John-Patrick Curran

“Management of Urban Soils at Construction Sites”

For: New York City Department of Transportation

April 10, 2012 | Presented by Christine Leas

“New York and Federal Site Contamination Law”

For: HalfMoon Education, Inc. (Continuing education course for professional engineers and surveyors)

December 14, 2011 | Presented by Christine Leas

“Creating Effective Mechanics’ Lien Waivers”

For: New York Law Journal

September 14, 2011 | Written by John-Patrick Curran

“Owner Friendly Modifications to Construction Forms”

For: New York Law Journal

June 15, 2011 | Written by John-Patrick Curran

“Fundamentals of Construction Management”

For: CLE Program

March 15, 2011 | Presented by John-Patrick Curran

“Statutes of Limitations for Construction and Design Defects”

For: New York Law Journal

November 10, 2010 | Written by John-Patrick Curran

“Liability of Construction Managers: Look to the Contract”

For: New York Law Journal

September 29, 2010 | Written by John-Patrick Curran