Overview
Daniel Katz focuses his practice on construction law and commercial litigation.
Mr. Katz has more than thirty years’ experience representing property owners, developers, general contractors, construction managers, subcontractors, material suppliers, architects, engineers and surety companies in a wide range of construction litigation matters.
His experience also includes representing clients in all aspects of filing and enforcing New York mechanic’s liens and complying with New York State Lien Law. Mr. Katz, who is rated AV® Preeminent™ by Martindale-Hubbell, has also successfully defended clients in trust fund diversion cases.
In addition to representing clients in litigation and arbitration matters, Mr. Katz drafts and negotiates construction contracts, as well as access agreements.
His commercial litigation experience includes defending clients faced with breach of contract claims, fraud claims and those involved in real estate disputes.
Before joining Kaufman Dolowich, he was the founding partner of a Manhattan-based firm, where he specialized in construction law, commercial law and securities and employment arbitrations. Prior to that, he was also a founding partner of a boutique litigation law firm and has also served in the Commercial Litigation Division for the Corporation Counsel of the City of New York, where he was responsible for numerous actions in the areas of construction, real estate, civil rights and general commercial law. His past experience also includes handling securities and class action litigation at a multinational law firm, as well as numerous securities and employment-related arbitrations.
Recognized in “Best Lawyers in America” as one of the top construction lawyers in the country, he is a Charter Fellow in the Construction Lawyers Society of America, a nationwide organization of leading practitioners in the field.
Admissions
- New York
- U.S. District Court
- Southern District of New York
- Eastern District of New York
- U.S. Court of Appeals
- Second Circuit
Education
- Brooklyn Law School – J.D., magna cum laude
- University of Michigan – M.A.
- State University of New York at Buffalo – B.A., summa cum laude
Professional Memberships
- American Bar Association
- Construction Lawyers Society of America
- New York City Bar Association
- New York State Bar Association
Experience
• In Leavitt Enterprise Inc. v. Two Fulton Square LLC, 181 A.D.3d 662, 120 N.Y.S.3d 363 (2d Dep’t 2020) the Second Department upheld a motion to dismiss a complaint and enforced an access/cooperation agreement entered into by the parties.
• In Minelli Construction Co., Inc. v. WDF Inc, 134 A.D.3d 508, 20 N.Y.S.3d 530 (1st Dep’t 2015), the First Department sustained Mr. Katz’s argument that a termination for convenience clause could not be challenged because it was allegedly exercised in bad faith.
• In Federal Insurance Co. v. County of Westchester, 921 F. Supp. 1136 (S.D.N.Y. 1996), the District Court denied the County of Westchester’s attempt to obtain a stay on appeal without posting a bond. The County’s appeal, which it eventually abandoned, related to a judgment that Mr. Katz’s client obtained, entitling it to a multi-million dollar award for its damages claim arising from the construction of a sewage treatment plant. The judgment was entered after Mr. Katz and his team conducted a ten-week trial.
• In Diamond v. EFCO, 179 A.D. 420, 578 N.Y.S.2d 553 (1st Dep’t 1992), the First Department sustained Mr. Katz’s arguments and vacated a mechanic’s lien which was filed against a condominium because it was a “blanket lien.”
• In M. Viaggio v. City of New York, 114 A.D.2d 939, 495 N.Y.S.2d 680 (2d Dep’t 1985) the Second Department upheld for the first time the validity of the City of New York’s termination for convenience clause in construction contracts. Mr. Katz also had conducted the trial in the lower court.
• In Koch v. Consolidated Edison, 62 N.Y.2d 548, 479 N.Y.S.2d 163 (1984) the New York Court of Appeals upheld Mr. Katz’s arguments and applied offensives collateral estoppel to preclude Consolidated Edison from disputing they were the cause of a major city-wide power black out. It was one of the first instances in New York where offensive collateral estoppel was upheld on appeal. The case also sustained Mr. Katz’s arguments raising important issues regarding third party beneficiary and tort foreseeability law.
• Pizzarotti, LLC v. CabGram Developer, LLC, 219 A.D.3d 1352, 196 N.Y.S.3d 125 (2nd Dep’t 2023);
• 361 Broadway Associates Holdings, LLC v. Blonder Builders, Inc., 178 A.D.3d 494, 114 N.Y.S.3d 337 (2nd Dep’t 2019);
• Ferrara Bros. Building Materials Corp. v. FMC Construction, LLC, 138 A.D.3d 685, 30 N.Y.S.3d 157 (2d Dep’t 2016);
• Board of Managers of Hester Gardens v. Well-Come Holdings LLC, 128 A.D. 3d 601, 10 N.Y.S. 3d 72 (1st Dep’t 2015);
• Verizon New York Inc. v. Case Construction Co. Inc., 63 A.D.3d 521, 880 N.Y.S.2d 476 (1st Dep’t 2009);
• Verolla v. Beechwood Carmen Building Corp., 43 A.D.3d 913, 841 N.Y.S.2d 610 (2nd Dep’t 2007);
• Walter H. Poppe General Construction Inc. v. Ramapo, 280 A.D.2d 667, 721 N.Y.S.2d 248 (2nd Dep’t 2001);
• Casa Redimix Concrete Construction Corp. v. National Union Fire Insurance Co. of Pittsburgh, PA, 277 A.D. 2d 95, 716 N.Y.S.2d 19 (1st Dep’t 2000);
• York Hunter Construction, Inc. v. Avalon Properties, Inc., 104 F. Supp.2d 211 (S.D.N.Y. 2000);
• Fred Tuck & Company, Inc. v. Bronxville Properties Inc., 267 A.D.2d 423, 701 N.Y.S.2d 107 (2nd Dep’t 1999);
• West Realty v. Foster & Kleiser, 212 A.D.2d 458, 622 N.Y.S.2d 948 (1st Dep’t 1995);
• Federal Savings and Loan Insurance Corp. v. 52 Park Associates, 710 F. Supp. 490 (S.D.N.Y. 1989);
• Fleet Aerospace Corp. v. Holderman, 637 F. Supp. 742 (S.D. Ohio), aff’d, 796 F.2d 135 (6th Cir. 1986), vacated and remanded, 481 U.S. 1026 (1987);
• Burns v. Massachusetts Mutual Life Insurance Co., 633 F. Supp. 77 (S.D. Iowa 1986), aff’d, 820 F.2d 246 (8th Cir. 1987); and
• Alberts v. City of New York, 549 F. Supp. 227 (S.D.N.Y. 1982).
Recognitions and Awards
- AV-Rated, Martindale Hubbell®
- Super Lawyers, 2006-2024
- Construction Lawyer of the Year in NYC, 2023, U.S. News and World Report/Best Lawyers
- Chambers USA: America’s Leading Lawyers for Business, 2024, Construction
Our Firm's Awards & Honors
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