Oved & Oved LLP’s Construction Law attorneys are intimately familiar with the range of legal challenges affecting each and every phase of a complex commercial construction project. Our firm provides practical counsel on a wide range of services from construction phase support through contract compliance. In addition to contract formation, administration issues and risk allocation strategies, we have successfully represented clients in construction litigation, arbitration and mediation services.
Construction projects in New York are commonly fraught with a myriad of legal issues, which may arise before, during and after project completion. Our attorneys bring efficient and experienced legal guidance to assist clients during the various phases of design, development, financing, performance and management of major construction contracts. We regularly represent a wide array of industry players including owners, developers, investors, prime contractors and subcontractors, construction managers, vendors and equipment suppliers, architects, engineers and other design professionals in various high-visibility projects in New York City.
We work closely with our clients’ project management teams to advise them on the legal requirements and administration of contractual arrangements, the implementation of strategies to protect our client’s rights, and periodic reviews of issues arising during contract performance. By developing contract documents that expressly allocate the risk, responsibility and rewards for proper performance we are able to ensure a successful project. Initially, we adapt to project-specific needs when negotiating forms of contracts, customized to standard industry practice, which may include the contracts of the American Institute of Architects (AIA), the Associated General Contractors of America (AGC), or the Construction Management Association of America (CMAA). We provide advice on dealing with applicable insurance and surety issues, lien rights, and any related notice or claim preservation requirements.
Our attorneys are able to prevent claims that may otherwise arise by communicating with our client during all stages of construction to ensure awareness of issues, and assist in the prevention or resolution of claims, and altogether avoiding situations that might result in claims or delays.
In the event that claims arise during the course of the construction project, our firm adeptly handles all varieties of claims, including changed or unforeseen conditions, delays, disruptions, payment disputes, insurance coverage and allegations of defective design or construction.
Knowing full well that any delays caused by construction disputes inevitably may lead to significant cost overruns and liabilities, our primary concern is attempting to achieve an early and fair resolution of construction disputes without the expense and disruption of litigation. In doing so, we engage in all forms of alternative dispute resolution, including mini-trials, mediations and arbitrations, and presenting strategies to attempt to resolve disputes promptly, amicably and short of trial.
Claims arising from contractor and subcontractor default terminations as well as failed construction projects that can result in numerous payment and performance bond claims and default or termination of bonded contractors. Our attorneys have represented all sides of such disputes, and have successfully negotiated no-cost terminations, obtained terminations for convenience, and worked and negotiated with, and litigated for or against sureties relating to payment and performance bond claims and indemnity obligations.