Contract Negotiation
Whenever possible, we seek to have contractors avoid the need for litigation by reviewing and drafting construction contracts with a straightforward approach that minimizes potential misunderstandings and disputes proactively. Whether they are standard AIA documents or custom-developed documents, the firm is pleased to review, negotiate, and draft construction contracts for our clients.
There are times, however, when a dispute will arise despite a well-written design contract. At this time, it may be necessary to enforce a client’s position under a contract, whether by litigation, arbitration or mediation.
Litigation
Design and Construction projects today are complex operations. The methods used, the technology required, and the number of participants involved results in a complicated web of obligations and liabilities.
During the course of a dispute, it may be necessary for the design professional to file a lien to protect their right to be compensated for work completed and to later enforce the lien.
When claims arise in this environment, they likewise make for complex matters of litigation. These types of cases call for a design and construction attorney who not only is aware of the latest trends in the fields of design and construction law, but who also understands the materials and methods of construction involved. These types of actions are not limited to large-scale commercial projects alone. They may be present in cases relating to single-family residences as well. The firm remains available to represent clients involved in not only commercial disputes, but also residential claims.
Contractor Disputes
New York hosts a large community of design professionals, contractors and subcontractors who work hard to provide workmanship of the highest quality. Unfortunately, there are also situations where a few “bad apples” may spoil the reputation of the bunch. This law firm has a strong history of providing for the legal needs of these professionals on both private and public projects.
Some of the common issues that arise include:
• Payment Disputes
• Delay Claims
• Scope of Work Disputes
• Extras/Change Order Disputes
• Subcontractor/Supplier Liens
Arbitration Proceedings
Arbitration is commonly called for in design contracts today. Often, the underlying issues are complex and require the same technically-based representation, as if the issue were tried in court. The firm’s understanding of the rules and processes of arbitration, through Mr. Caravella’s service as an arbitrator to the American Arbitration Association, allows contractors to have peace of mind throughout the process.
