A Construction Attorney for All Your Legal Needs
Kaufman Dolowich’s construction law practice is well-known throughout New York and New Jersey for providing comprehensive legal services to the construction industry. By handling the full range of issues involved in both private and public construction projects, each attorney understands the broad picture while focusing on the minute details that can often have immense repercussions.
Our construction attorneys handle issues at all phases of a construction project, from contract negotiations and drafting to contract administration to dispute resolution. By delivering the full scope of services, we are able to see the big picture and take proactive steps to mitigate risk. We help developers, project owners, construction managers, contractors and trade contractors limit exposure to liability and loss through effective construction administration.
Who We Represent
Kaufman Dolowich construction lawyers represent a variety of stakeholders in the construction industry. We have local and regional clients that range from professionals and family businesses to large development corporations. Our clients include:
- Architects
- Construction managers
- Developers
- Design professionals
- Engineers
- General contractors
- Material suppliers
- Property owners
- Subcontractors
- Trade contractors
- Surety companies
Your Business Need a Construction Attorney for All Claims, Litigation, Arbitration and Mediation
Our construction attorneys assist construction industry stakeholders in a wide scope of claims involving liens; performance, payment and bid bonds; extra work; wrongful termination; defective work; delay, and contractual breaches.
While we often seek to settle disputes, we are ready and able to take a dispute to mediation, arbitration or litigation if the other party does not agree to an equitable settlement.
A construction lawyer from our firm advise the client which course of action best suits their needs and goals. We evaluate a claim from the onset and during dispute resolution in order for our clients to understand the range of recovery and decide whether to settle the claim so as to avoid unnecessary legal costs. Our experience enables our firm to best present a claim for damages and to defend against claims.
Construction Contract Drafting, Negotiation & Interpretation
The contract sets the foundation for the entire construction project. A well-written contract can significantly reduce risks and enumerate remedies should disputes arise. For this reason, we consider contract drafting and negotiation one of Kaufman Dolowich’s most important services for risk reduction and effective contract administration.
Our lawyers negotiate contract terms favorable to our clients and meticulously draft a clear, thorough agreement while keeping in mind the market realities so that our client does not waste time and money negotiating terms which will not be accepted by the other party based on industry standards. A construction attorney will also review existing contracts and suggest risk management approaches especially for public improvement contracts which cannot be negotiated with the public owner.
Compliance (M/W/DBE, OSHA, Safety)
Construction industry businesses and professionals must abide by a complex web of local, state and federal regulations that are difficult to interpret and reconcile. Complicating the matter, case law, legislation and agency regulations are constantly evolving, and businesses are expected to immediately understand and adapt to these changes.
Our lawyers remain up-to-date on the laws and how changes impact our clients’ businesses and projects. We guide our clients through compliance issues related to all aspects of OSHA/Safety, wage, the Buy American Act, LEED, and Minority, Women-Owned, and Disadvantaged Business Enterprises (M/W/DBE).
Notice Requirements
Notice provisions (especially in public improvement contracts) generally impose on the contractor an obligation to notify the other side concerning items such as termination, delays, extra work, extensions of time, and damages.
Adherence to the notice requirements is essential to preserving claim rights or defending against claims. Our lawyers meticulously review key contract administration clauses governing notice time frames, content of notices and waivers. We assist our clients in analyzing breach of the notice provisions, the appropriate actions and available relief.
Risk Management
The construction business is fraught with risk and project issues/problems can give rise to liability and damages. Contractors, therefore, must consider a strong risk management plan. Our attorneys draft effective risk management contract provisions, including risk shifting provisions and indemnity clauses. We also help construction businesses implement comprehensive risk management practices and programs. We also review insurance coverage to ensure the business is fully protected from loss and liability.
Contact a Construction Attorney at Kaufman Dolowich to Ensure Your Business is Protected
Our philosophy is that avoiding the problem is better than fixing it and we anticipate issues that may arise and preemptively create solutions. Thus, consulting with a construction attorney at Kaufman Dolowich may open your eyes to issues you did not foresee. Whether you want preemptive planning or litigation pending, contact our team today.
Practice Group Leadership
Of Counsel | Hackensack, NJ | |
Partner | Torrance, CA | |
Partner | Torrance, CA | |
Of Counsel | San Francisco, CA | |
Partner | Fort Lauderdale, FL | |
Managing Partner of San Francisco and Oakland, CA offices | San Francisco, CA , Oakland, CA | |
Of Counsel | New York, NY | |
Partner | Woodbury, NY | |
Of Counsel | San Francisco, CA , Los Angeles, CA | |
Partner Co-Chair of the Cannabis Law Practice Group |
Woodbury, NY | |
Of Counsel | Torrance, CA | |
Partner | Woodbury, NY | |
Attorney | Woodbury, NY | |
Of Counsel | Woodbury, NY | |
Co-Managing Partner of New Jersey Office Chair of Commercial Litigation Practice Group |
Hackensack, NJ | |
Partner Co-Chair of Construction Practice Group |
Woodbury, NY | |
Partner | Hackensack, NJ | |
Of Counsel | Woodbury, NY | |
Co-Managing Partner of Long Island Office Co-Chair of Construction Practice Group | Woodbury, NY | |
Partner | Wilmington, DE | |
Partner Co-Chair of Health Care/Managed Care Practice Group |
Philadelphia, PA | |
Attorney | Fort Lauderdale, FL | |
Of Counsel | Woodbury, NY | |
Partner Chair of the General Liability Defense Practice Group Co-Chair of Kaufman Dolowich's Women’s Initiative |
Woodbury, NY |
- New York’s Revision of the Retainage Requirement for Private Construction Projects – Will This Keep Construction Projects Moving? by Michael D. Ganz, Esq. and Adam A. Perlin, Esq., published in the Nassau County Bar Association Journal, 9-2024 - Sep 4, 2024
- Payment Bond Required For Utility Work, by Partner Andrew Richards, as published in the Subcontractors Association Newsletter, July 2024 - Jul 23, 2024
- Reducing the Risk of Costly Construction Disputes, by Andrew Richards, Esq., 6-26-2024 - Jun 26, 2024
- Legal Q and A: Subcontractor Issues with Federal Contracts, Construction Broadsheet features Partner Erik Ortmann, 6-13-2024 - Jun 20, 2024
- New York Payment Protection Legislation for Hybrid Construction Projects Loses Steam, by Partner Andrew Richards, 6-18-2024 - Jun 18, 2024
- The Dangers of Performing Public Work Project Extra Work Without the Proper Preapprovals and Funding, by Michael D. Ganz, Esq. featured in the “The Light,” Suffolk County Electrical Contractors Association Newsletter, 6-2024 - Jun 13, 2024
- NY Legislation Offers Payment Protection on Public-Private Construction Projects, by Andrew Richards, Esq., 6-7-2024 - Jun 7, 2024
- Be Careful When You Sign Partial Waivers of Lien, by Andrew Richards, Esq., published by STA, Legal Log, 5-2024 - May 16, 2024
- Payment Bond Claim Review, article by Andrew Richards, Esq. published in Legal Log, Subcontractors Trade Association, 4-2024 - Apr 12, 2024
- New Obligations Under Sweeping Corporate Transparency Laws, by Andrew Richards, Esq., published by STA, Legal Log,1-16-2024 - Mar 28, 2024
- Navigating the Best Evidence Rule, by Andrew Richards, Esq., published by STA, Legal Log, 2-2024 - Feb 21, 2024
- Construction Broadsheet features Partner Erik Ortmann in “Legal Q and A: Subs and the new PLA rule,” 1-25-2024 - Feb 15, 2024
- New Year Brings New Corporate Transparency Laws, By Elizabeth V. Marchionni, Esq., Seth J. Meyer, Esq. and Alisha Talati, Law Clerk 12/22/2023 - Dec 22, 2023
- “New York State’s New Amendment to the Salary Transparency Law and Its Implications” By Michael D. Ganz, Esq. for the Suffolk County Electrical Contractors Association, 11-2023 - Nov 22, 2023
- Law Alert: New York State Governor Signs Retainage Bill Into Law, by Andrew Richards, Esq., 11-20-2023 - Nov 20, 2023
- Contractors: Beware of Personal Liability for Business Debts, by Andrew L. Richards, Esq. ,11-6-2023 - Nov 6, 2023
- “Excavation Quality Assurance Act,” by Andrew Richards, Esq. published in Subcontractors Trade Association, 10-26-2023 - Oct 17, 2023
- Law Alert: New York Passes Roadway Excavation Quality Assurance Act by Andrew L. Richards, Esq. and Erik Ortmann, Esq. - Oct 17, 2023
- A Push for More Progress: Increased Diversity in the Legal Profession, by Katharine Fogarty, Esq. and Alexandra Lynch, Esq., published in The Legal Intelligencer, 10-7-2023 - Oct 9, 2023
- “The Construction Industry Wage Theft Act: Beware,” by Michael Ganz, partner, published in Nassau Lawyer, 10-2023 - Oct 9, 2023
- “Will AI take your construction job? Only if you want it to.” quotes from Andrew Richards, Esq., Construction Dive Magazine, 5-15-2023 - May 18, 2023
- The Pitfalls of Blurring Traditional Contractor/Subcontractor Relationship with a Caveat for Most Contracts within New York State, by Michael Ganz, Esq. & Aaron Solomon, Esq., The Long Island Sounder, April 2033 - Apr 19, 2023
- Are Pay-If-Paid Clauses Really Void In New York? By Michael D. Ganz, Esq., The Light, 2-2023 - Feb 27, 2023
- Willful Exaggeration of a Mechanic’s Lien – A Cautionary Tale? by Michael D. Ganz, Esq., The Sounder, 2-2023 - Feb 23, 2023
- Ganz joins Kaufman Dolowich as Construction Practice Partner, New York Real Estate Journal, 2-14-23 - Feb 14, 2023
- Kaufman Dolowich Nabs Construction Partner In Long Island, Law 360, January 20, 2023 - Jan 20, 2023
- Michael Ganz Joins Kaufman Dolowich Long Island Headquarters as Construction Practice Partner, 1-10-2023 - Jan 10, 2023
- Andrew Richards. Esq., “Why should I retain an attorney who concentrates in construction law? NY Real Estate Journal, 12-13-2022 - Dec 16, 2022
- Elizabeth Marchionni, Esq., named to 2022 Top Women in Professional Services, New York Real Estate Journal, 10-2022 - Oct 26, 2022
- Maintaining Project Records Could Be The Deciding Factor For Successful Litigation, author Andrew Richards, Esq., New York Real Estate Journal - Sep 21, 2022
- Legal Q and A: Potential payment issues on federal projects, Construction Broadsheet, author Erik Ortmann, Esq., June 30, 2022 - Jul 6, 2022
- Despite unfairness, blanket liens are invalid, New York Real Estate Journal, author Andrew Richards, Esq., June 28, 2022 - Jun 30, 2022
- Notices of Claim on NYCHA Projects, STA Legal Log, by Andrew Richards, Esq., March 2022 - Mar 23, 2022
- Building Better Together: A Design Professional and Subcontractor Roundtable, Subcontractors Trade Association, March 17, 2022 - Mar 10, 2022
- Key Requirements, Benefits of FRESH Tax Incentive Program, New York Real Estate Journal, authors Erik Ortmann, Esq. and Christopher McDonald, Esq. - Mar 8, 2022
- Contractual Limitations Periods, STA Legal Log, by Andrew Richards, Esq., 2-2022 - Feb 16, 2022
- Report: New York City’s MTA Must Improve Construction Project Record Keeping, Construction Dive, featuring Erik Ortmann, Esq., 1-12-22 - Jan 27, 2022
- Preserving Claims Under Section 137(3) of the State Finance Law, author Andrew Richards, Esq., STA Legal Log, January 2022 - Jan 14, 2022
- Owners Win and Contractors Lose: Delay Claims in the First Department, article by Andrew Richards, New York Real Estate Journal - Dec 21, 2021
- The Dotted Line: Supply chain woes lead to possible breach, defect claims, Construction Dive, quoted Andrew Richards - Nov 30, 2021
- Legal Q and A: DBE Contractor Issues on Federal Projects, Construction Broadsheet, featuring Erik Ortmann, November 21, 2021 - Nov 19, 2021
- Does an Employer or Employee Pay for COVID Testing When An Owner or Prime Contractor Requires Testing for a Field Worker to Work On Site, authors Andrew Richards and Matthew Cohen, STA Legal Log, October 2021 - Nov 4, 2021
- Richards of KD Named General Counsel for STA board, New York Real Estate Journal Daily Newsletter, October 5, 2021 - Oct 18, 2021
- Questionable Design, Construction Practices likely Contributed to Surfside Condo Collapse, Construction Dive, quoted Megan Yllanes, Oct. 1, 2021 - Oct 1, 2021
- Pros and cons of an architect as initial decision maker in AIA contracts, article by Andrew Richards, New York Real Estate Journal, September 2021 - Sep 30, 2021
- Pros and Cons of an Architect as Initial Decision Maker in AIA Contracts, Sept. 9, 2021, NY Real Estate Journal, by Andrew Richards - Sep 27, 2021
- KD’s Construction Practice Chair Andrew Richards Named General Counsel of Subcontractors Trade Association - Sep 17, 2021
- Contractors can still be liable for failures years after project completion, Construction Dive, ft. Megan Yllanes - Jul 28, 2021
- KD Alert: Creation of NYS Construction Industry Advisory Council – Bill Passes Through Legislature. Awaits Governor’s Signature - Jun 14, 2021
- You May Have a Great Case But You Have To Prove It, NYREJ - Mar 4, 2021
- No Damage for Delay Clauses as Interpreted by The Appellate Division, First Department, NYREJ - Nov 24, 2020
- New York City MTA inspector general wants reform of agency’s contractor evaluation system, ConstructionDive, ft. Erik Ortmann - Oct 19, 2020
- New York contractor to pay $1.5M to settle ‘severe’ sexual harassment, retaliation claim, ConstructionDive, ft. Erik Ortmann - Jul 24, 2020
- COVID-19 Presents New Challenges for Minority-Owned Construction Firms, ConstructionDive, ft. Erik Ortmann - Jun 30, 2020
- The Dotted Line: Avoid These Change Order Snafus, ConstructionDive, ft. Elizabeth Marchionni - Jun 23, 2020
- Real property transfers prior to filing a mechanic’s lien and a contractor’s recourse under the lien law, NYREJ - May 22, 2020
- MTA Completes Tunnel Rehab 3 Months Early, $100M Under Budget, ConstructionDive, ft. Erik Ortmann - May 4, 2020
- Construction trade unions take different approaches to keeping workers safe during pandemic, ConstructionDive, ft. Andrew Richards - Apr 13, 2020
- The Impact of COVID-19 on Construction Law, LIREG, April 15, 2020 - Apr 13, 2020
- Attorney shares advice, questions for firms working on NYC projects, New York Business Journal - Apr 10, 2020
- KD Alert – Prevailing Wage Now Applicable to Private Construction - Apr 6, 2020
- NEW YORK STATE UPDATE: ESD Narrows Construction Exemption from Workforce Reduction Order - Mar 27, 2020
- New York State Update: COVID-19 Guidance for Construction - Mar 23, 2020
- Former MTA manager pleads guilty to charges in construction bid-rigging case, could face prison time, ConstructionDive, ft. Erik Ortmann - Mar 19, 2020
- Is the Pendulum Swinging Toward Defendants on New York Labor Law Claims? Insurance Journal - Feb 4, 2020
- Contractors Sue NYC’s MTA Over New Debarment Rules, ConstructionDive, ft. Erik Ortmann - Jan 8, 2020
- NYC’s transit agency transfers 430 workers to construction division, ConstructionDive, ft. Erik Ortmann - Dec 16, 2019
- Tutor Perini lands $31M in change orders for San Francisco subway project, ConstructionDive, ft. Andrew Richards - Sep 30, 2019
- Contract and bid rescission: Be careful when submitting bids and exercise due diligence, NYREJ - Aug 15, 2019
- SBA Raises Revenue Limits for Small Business Certifications, ConstructionDive, ft. Elizabeth Marchionni - Aug 8, 2019
- 5 Ways Small, Minority-Owned Firms Can Build Success, ConstructionDive, ft. Elizabeth Marchionni - Jul 10, 2019
- The New MTA Debarment Rule And Increased State Focus On Responsibility, LICA Roadwarriors - Jul 9, 2019
- Construction-Defect Trends Vary by Jurisdiction, but They All Point to More Expensive and Creative Claims, CLM News, ft. Joseph Miele - May 30, 2019
- Arbitration versus Litigation in Construction Contracts: Considerations to Take into Account, NYREJ - May 28, 2019
- First and Second Departments Differ on Issue of Workers Injured While on Break or Entering/Exiting a Construction Site, New York Law Journal - Apr 22, 2019
- KD Alert: Court Issues Decision With Severe Implications For Delay Damage Pleading - Mar 21, 2019
- 3rd Annual Insurance in the Construction Industry Seminar – August 13-14, 2019 - Mar 11, 2019
- The 2019 West Coast Casualty Construction Defect Seminar – Joe Miele Presenting – May 9-10, 2019 - Mar 11, 2019
- The Dotted Line: How to effectively manage an underperforming sub, Construction Dive, ft. Elizabeth Marchionni - Feb 27, 2019
- The Importance of Termination Provisions in a Construction Contract, NYREJ - Feb 5, 2019
- NY Gov. Vetoes ‘Game-Changing’ Construction Bill, Law360, ft. Andrew Richards - Jan 4, 2019
- New York State Governor Cuomo Vetoes “Game-Changing” Delay Damages Construction Bill - Jan 3, 2019
- Owner’s due diligence on contractor’s insurance coverage shouldn’t end at the project’s completion, NYREJ - Nov 19, 2018
- Dotted Line: How to conduct business in a world of discrimination and harassment claims, ConstructionDive, ft. Erik Ortmann - Aug 29, 2018
- Elizabeth Marchionni, KD Construction Law Attorney, Makes NYREJ 2018 Ones To Watch List - May 17, 2018
- Considerations In Deciding To Include Arbitration Provisions In Your Construction Contracts, NYREJ - May 16, 2018
- Construction Legislation And Regulation To Watch, Law360, ft. Erik Ortmann - May 10, 2018
- Consequential and liquidated damages: What is the difference between them? - Feb 8, 2018
- DMWBE: Have a Plan, Long Island Road Warriors - Jan 11, 2018
- The Dotted Line: 4 reasons why construction companies should let an attorney review contracts, ConstructionDive, ft. Andrew Richards - Dec 12, 2017
- How contractors can navigate local hiring requirements, ConstructionDive, ft. Andrew Richards - Nov 14, 2017
- Knowing when a claim accrues under a construction contract could make or break recovery, NYREJ, by Matthew Minero - Oct 12, 2017
- 4 Ways to Avoid Suspension or Debarment on Federal Contracts, ConstructionDive, ft. Erik Ortmann - Aug 8, 2017
- The Dotted Line: How force majeure contract clauses can plan for the unexpected, ConstructionDive, ft. Andrew Richards - Jul 11, 2017
- New York declares no additional insured coverage unless the insured proximately caused the injury/damage, NYREJ - Jul 10, 2017
- How will Trump’s ‘Buy American, Hire American’ executive order impact construction? Construction Dive ft. Andrew Richards - Apr 25, 2017
- How owners and developers can ensure a strict enforcement of lien waivers, NYREJ - Apr 5, 2017
- CFMA-LI Sponsors Breakfast and Panel Discussion on “What You Need To Know” with Diversity Program Directors (DMWBE) – MTA, Port Authority & State University Construction Fund - Feb 27, 2017
- Costs and the Skilled Labor Shortage in the Post-Recession Construction Climate, New York Real Estate Journal - Oct 6, 2016
- The State of the Arbitration Provision of the Prompt Payment Act (PPA), NYREJ - Jul 5, 2016
- Housing Market Discrimination: Analysis of impact case and its effect on builders/developers, NYREG, by Andrew Richards and Megan Yllanes - Apr 21, 2016
- The Coming Crackdown: Why Penalties for Construction Owners Are On the Rise, Construction DIVE, ft. Andrew Richards - Oct 20, 2015
- KD Construction Alert: D/M/WBE Waiver Requests – Know Your Rights and Be Prepared - Sep 9, 2015
- The New York State Prompt Payment Act and Other Tools For Payment - Jul 23, 2015
- Construction Compliance & Integrity Investigations: Dealing with the New Reality - Jul 23, 2015
- Contract Claims: Notice & Damage Documentation Requirements - Jul 23, 2015
- KD Construction Alert: DBE Trucking Credits – A Change To The Counting Rules Is Finalized - Jun 26, 2015
- Proper Protection, Construction Today, ft. Andrew Richards - Jun 16, 2015
- KD Alert: New Law Signed by Governor Cuomo Benefits Contractors Seeking Payment from New York City School Construction Authority - Dec 19, 2014
- KD Alert: Public Authority Law Reform (SCA) Assembly Bill 5443 Vetoed by Governor Cuomo - Dec 23, 2013
Awards & Honors
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