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A Construction Attorney for All Your Legal Needs
Kaufman Dolowich & Voluck, LLP’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 construction attorney understands the broad picture while focusing on the minute details that can often have immense repercussions.
Our construction lawyers 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
Our 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 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 attorney 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 KDV’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 KDV 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 KDV may open your eyes to issues you did not foresee. Whether you want preemptive planning or litigation is pending, contact our team today.
Practice Group Leadership
| Of Counsel | Hackensack, New Jersey | |
| Of Counsel | San Francisco, California | |
| Partner | Fort Lauderdale, Florida | |
| Partner Co-Chair of the General Liability Defense Practice Group | New York, New York , Hackensack, New Jersey | |
| Attorney | Los Angeles, California | |
| Managing Partner of Sonoma OfficeCo-Chair of Real Estate Practice Group | Sonoma, California | |
| Attorney | New York, New York | |
| Attorney | Hackensack, New Jersey , New York, New York | |
| Attorney | Hackensack, New Jersey | |
| Partner Co-Chair of the Cannabis Law Practice Group | Woodbury, New York | |
| Attorney | Woodbury, New York | |
| Attorney | New York, New York | |
| Managing Partner of San Francisco OfficeCo-Chair of Real Estate Practice Group | San Francisco, California | |
| Attorney | Hackensack, New Jersey , New York, New York | |
| Partner | Woodbury, New York | |
| Attorney | Woodbury, New York | |
| Partner | Fort Lauderdale, Florida , Orlando, Florida , Tampa, Florida | |
| Partner Vice-Chair of Construction Practice | Woodbury, New York | |
| Attorney | Woodbury, New York | |
| Co-Managing Partner of Long Island Office Chair of Construction Practice Group | Woodbury, New York | |
| Partner | Orlando, Florida | |
| Partner Co-Chair of Health Care/Managed Care Practice Group | Blue Bell, Pennsylvania , Philadelphia, Pennsylvania | |
| Of Counsel | San Francisco, California | |
| Of Counsel | Woodbury, New York | |
| Partner Co-Chair of the General Liability Defense Practice Group Co-Chair of KDV’s Women’s Initiative | Woodbury, New York | |
| Attorney | Fort Lauderdale, Florida |
- Contractors can still be liable for failures years after project completion, Construction Dive, ft. Megan Yllanes - Jul 28, 2021
- KDV 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
- KDV 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
- KDV 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, KDV 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
- KDV 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
- KDV 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
- KDV Alert: New Law Signed by Governor Cuomo Benefits Contractors Seeking Payment from New York City School Construction Authority - Dec 19, 2014
- KDV Alert: Public Authority Law Reform (SCA) Assembly Bill 5443 Vetoed by Governor Cuomo - Dec 23, 2013
