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Practice Area

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.

Development And Land Use
/
Litigation

Battery Maritime Building

Location: | Date:

SPR represents the lessee/developer in connection with design services and construction contract negotiations and ancillary litigation concerning the rehabilitation of the City-owned “Battery Maritime Building” ferry terminal.

One Broadway

Location: | Date:

SPR represents the developer in connection with the negotiation and preparation of design services and construction management agreements for the redevelopment of the landmarked “International Mercantile Marine Company Building” at One Broadway, NYC.

Manhattan Beer- Rooftop Solar

Location: | Date:

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.
Development And Land Use

Lincoln Center

Location: New York, NY | Date: 2005

SPR served as environmental counsel in connection with modernization and rehabilitation of David Geffen Hall and other potential changes with the Lincoln Center complex. SPR also advised on permitting and historic preservation issues.

Empire Stores

Location: | Date:

SPR serves and environmental and construction counsel for the developer in connection with the restoration and redevelopment of the historic “Empire Stores” warehouses located in Brooklyn Bridge Park.  The warehouses were initially constructed between 1869 and 1885, and were used to store coffee and other goods along the East River, but remained largely abandoned between the 1960s and the commencement of redevelopment in 2013.  Now transformed into an office, restaurant, and retail complex, the Empire Stores have been described as the “crown jewel” of the Park.

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

For: 33 Environmental Law in New York 169; Co-Author(s): Adam Stolorow, Evan Preminger

October 2022

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

For: Construction Dive

September 24, 2019

“The Dotted Line: What Makes a Successful RFP,” Contributor

For: Construction Dive

April 30, 2019

“Mitigating Environmental Liability From Construction Debris and Contaminated Soil,” Presenter

For: Strafford Publications, Inc.

February 12, 2019

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

For: Construction Dive

September 25, 2018

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

For: Construction Dive

December 12, 2017

“Claims for Defects in Design and Construction,” Presenter

For: Lorman Education

September 15, 2017

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

For: Lorman Education Services

September 15, 2017

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

For: Construction Dive

May 25, 2017

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

For: Lawline.com

May 24, 2017

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

For: Construction Dive

October 13, 2016

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

For: Construction Dive

June 7, 2016

“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

“Lien on Me – Understanding NY Mechanics Liens,” Presenter

For: Lawline.com, Webcast

March 12, 2013

“Apartment Alterations: a Case Study,” Presenter

For: NYS Bar Association, CLE Program

January 24, 2013

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

For: New York Law Journal

September 12, 2012

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

For: New York Law Journal

June 20, 2012

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

For: CLE Program

June 6, 2012

“Management of Urban Soils at Construction Sites,” Presenter

For: New York City Department of Transportation

April 10, 2012

“Owner Friendly Modifications to Construction Forms”

For: New York Law Journal

June 15, 2011

“Fundamentals of Construction Management,” Presenter

For: CLE Program

March 15, 2011

“Statutes of Limitations for Construction and Design Defects”

For: New York Law Journal

November 10, 2010

“Liability of Construction Managers: Look to the Contract”

For: New York Law Journal

September 29, 2010