Construction Contracting Attorney in New York

When you’re involved in a construction project, every detail matters. From the initial blueprints to the final walkthrough, a successful build depends on clear agreements and smooth execution. Whether you are a property owner, contractor, or developer, having a knowledgeable attorney on your side is not a luxury—it’s a necessity for protecting your investment. 

At MDJ Law, I've seen firsthand how quickly a project can go off track without proper legal protections in place. With over a decade of legal experience and a professional background in development and construction management, I offer a distinct perspective on your legal challenges. My firm serves clients throughout New York and Washington, D.C., providing legal guidance for all your construction law needs. 

The Importance of a Well-Crafted Construction Contract

A construction contract is the cornerstone of your entire project. It’s more than just a piece of paper; it's a detailed roadmap that defines the rights, responsibilities, and expectations of everyone involved. A poorly written or incomplete contract can lead to significant problems, including budget overruns, project delays, and costly disputes. Key provisions include: 

• Scope of work: Clearly defining what work is to be done, leaving no room for ambiguity. This includes specifics about materials, standards, and timelines. 

• Payment terms: Establishing a clear schedule for payments, retainage, and procedures for handling change orders. This helps prevent cash flow issues and compensation disagreements. 

• Timelines and deadlines: Setting realistic project milestones and completion dates, along with outlining the consequences of delays. 

• Change orders: Creating a formal process for managing any changes to the original scope of work. This prevents "scope creep" and makes sure all parties agree on adjustments to the cost and schedule. 

• Dispute resolution: Outlining the steps to be taken if a disagreement arises, such as mediation or arbitration, which can often resolve issues more efficiently than litigation. 

I work with clients to draft and review contracts that are clear, comprehensive, and tailored to the specific demands of their project. By addressing these elements from the start, you and I can build a strong contractual foundation that minimizes your risk and helps your project proceed smoothly from start to finish.

When Construction Disputes Arise

Even with the best-laid plans, conflicts can happen. When they do, you need a responsive advocate who understands both the legal and practical sides of the construction industry. I represent clients in a variety of real estate law disputes, seeking efficient, effective resolutions that protect your interests. Common issues that lead to litigation include: 

• Breach of contract: When one party fails to uphold their end of the agreement. This could involve missed deadlines, failure to pay, or incomplete work. 

• Construction defects: Problems with the quality of workmanship or materials that can appear during or after construction. These can range from minor cosmetic issues to major structural failures. 

• Payment disputes: Disagreements over payments, including claims related to unpaid invoices, change orders, or mechanic's liens. 

• Project delays: Conflicts arising from projects that run past their scheduled completion date, leading to financial losses for owners and contractors alike. 

My approach to litigation is practical and results-oriented. While I am always prepared to defend your position vigorously in court, I also recognize the value of resolving disputes outside the courtroom. When appropriate, I will pursue negotiation, mediation, or arbitration to save you time, money, and stress. My goal is to find the most direct path to a favorable outcome so you can get back to business. 

New York Laws Governing Construction Contracting and Litigation

New York has several laws governing the construction industry, adding another layer of requirements that can affect your project and your rights. For instance, New York's Lien Law gives contractors, subcontractors, and suppliers a powerful tool for securing payment for their work. A mechanic's lien can be filed against a property, making it difficult for the owner to sell or refinance until the debt is paid. However, there are strict procedures and deadlines for filing and enforcing a lien, and failure to follow them can render the lien invalid. 

Another key area is the New York Prompt Payment Act. This law sets specific timeframes for payments on both public and private construction projects. It requires property owners to pay contractors within a set period after receiving an invoice, and contractors must, in turn, pay their subcontractors promptly. Understanding these timelines is vital for managing cash flow and avoiding disputes. 

Additionally, laws related to workplace safety, building codes, and insurance requirements all play a significant role in every New York construction project. I help my clients understand and adhere to these regulations to avoid penalties and legal trouble. 

New York Construction Litigation Law Attorney

At MDJ Law, I provide comprehensive legal support across a broad spectrum of real estate matters, including transactions, construction management, and litigation. My experience includes supervising over $1 billion in commercial lease deals for both large portfolios and small businesses. With backgrounds in development and construction management, as well as in my legal career, I bring a unique perspective to your real estate legal needs. Licensed to practice law in New York and Washington, D.C., I'm here to provide trustworthy guidance for your construction contracting and litigation needs.