Many aspects of a construction project can cause disputes and claims for damages. Contracts may not be honored; schedules or plans may not be adhered to; uncovered liabilities may be exposed. Sometimes, in construction law, the parties to the construction contract, whether contractor, developer or property owner, may elect to include arbitration or mediation provisions in their contracts either as a prerequisite to litigation in the courts or in lieu of court litigation. Since each forum has its pros and cons, you should always have an experienced New York construction litigation lawyer review any contract before you sign it.
At Ellen Rothstein, Attorney at Law, I can closely examine all types of construction contracts to determine the risks, liabilities, recoverable items and other issues that need to be addressed.
I have represented developers, architects, property owners, contractors, subcontractors, electrical suppliers, material men and others in the construction industry. I also provide appellate services and "of counsel" services.
Pursuing Money Damages and Trust Claims
The contract determines if a party — be it an owner, a contractor, subcontractor, supplier or laborer — or anyone else involved in the construction project, such as an architect or engineer, may be compensated for claims in these areas:
- Acceleration claims
- Construction delays
- Defective or damaged materials
- Inadequate performance
- Nonpayment issues
- Untimely deliveries
They can cause increases to overhead, including labor, equipment, materials and rental rates.
Whether or not any or all of these items can be redeemed as monetary damages, whether there are other remedies available to you, requires a thorough and complete analysis of the construction documents. Remedies such as injunctive relief, and the various legal theories upon which recovery may be had, such as breach of contract and lien law trust violations, require complete analysis.
Protecting your interests by filing a mechanic's lien against the property also requires a thorough and complete analysis of the construction documents.
Manhattan Construction Contract Lawyer
When construction projects go wrong and contracts are breached, you need legal representation who will passionately advocate for your interests based on the facts of the matter. Call me at 212-986-1441 or toll free at 866-603-7592, or e-mail me to discuss your options.
