Anderson Kill brings together talented attorneys from several allied fields to provide legal counsel and representation for both construction and insurance-related issues. We also handle restructurings, reorganizations and workouts, and provide risk management analysis. Dispute resolution services include advice about how to avoid litigation. Where disputes are necessary or inevitable, we provide representation in arbitration, mediation, and litigation in court, whether it is a construction dispute or an insurance coverage dispute, or both. Indeed, the “both” is what distinguishes Anderson Kill from others.

Construction Disputes

Property owners/developers, contractors, and other project participants, including design professionals, have all benefited from the experience and skill that Anderson Kill attorneys bring to resolving construction disputes. In construction, the main focus must always be on completing the job in a timely manner, and with as few lingering disputes as possible. With that focus in mind, Anderson Kill works in harmony with the overriding business priorities of its clients. Where construction disputes cannot be resolved informally, by settlement, or other alternative dispute resolution, Anderson Kill has substantial experience in construction litigations and arbitrations. Anderson Kill attorneys have successfully handled multi-week court trials and arbitration hearings, as well as both pre-trial and post-trial appeals. Anderson Kill’s lawyers have appeared in some of the highest level courts around the country.

Our attorneys have handled matters such as:

• Defective materials used in construction
• Faulty design or construction
• Claims for “extra” work and scope changes
• Disputes over contract terms
• Change Orders
• Delay claims
• Indemnity claims
• “Liquidating” or “Pass-Through” Agreements
• Mechanics’ liens
• Code disputes
• Geotechnical issues
• Bond disputes
• Casualty loss
• Construction trust disputes

Insurance Coverage Disputes

Anderson Kill has extensive experience in representing property owners, developers, contractors and other project participants, including design professionals, in securing insurance recoveries for property losses and in securing defense and indemnification for liability resulting from accidents and construction defects in connection with real estate development. The firm’s attorneys have represented clients seeking first-party insurance recoveries under builder’s risk and other types of coverages for losses ranging from natural disasters, the World Trade Center attack, power plant explosions, and the invasion of Panama, to run of the mill of water and fire damage losses. The firm also has represented owners/developers, contractors and other project participants seeking defense and indemnity for numerous types of third-party claims, including claims for wrongful death, bodily injuries and third-party property damages arising from construction accidents, claims for construction defects, including defective building materials and faulty workmanship, and other assertions. Anderson Kill regularly pursues such coverage not just under our clients’ own liability insurance program, whether that insurance is provided for in a wrap-up (i.e., OCIP or CCIP) or the client’s practice program, but also from insurance of others obligated to name our clients as additional insureds under their liability insurance coverage programs.

Our reputation as one of the top policyholder insurance recovery firms in the nation, combined with our experience in representing property owners/developers, contractors and others in construction disputes, often enables us to accelerate the resolution of insurance claims in the early stages of the claim, thus maximizing our clients’ recoveries. Our attorneys also have considerable experience in working with insurance consultants for owners, developers and contractors undertaking significant construction and renovation projects.

Construction, Development, Design and Planning

The firm offers a broad range of services to clients contemplating and undertaking construction and renovation projects. We have represented land owners, real estate developers, tenants, contractors, design professionals, financial services companies, investors, and lenders in numerous projects. The firm has had considerable experience with hospitals, schools, office buildings, residential apartments and condominiums, data centers, water treatment plants, and combined-use structures incorporating residential, retail and office towers.

Some of the areas in which we have assisted clients include:

• Negotiation, drafting and amendment of numerous lump sum, guaranteed maximum price and variable price construction, construction management and architectural contracts, ranging from small retrofit projects to developments costing in excess of $500 million
• Mechanic’s lien filing and release
• Preventing, litigating and responding to claims relating to mechanic’s liens
• Owner’s representative agreements
• Retainage release issues
• Asbestos and other hazardous waste issues
• Advance payment procedures
• Demolition contracts
• Trade contractor bankruptcies
• Payment workouts, including constructive trust issues
• Design errors and omissions
• Delay claims negotiation and litigation
• Change order negotiations, including scope disputes
• Coordination between adjoining landowners concerning access, and protection of property
• Property damage claims
• Warranty issues
• Risk management policies and procedures
• Punchlist administration issues
• Claims against sureties under payment and performance bonds
• Assisting clients in navigating the lien laws of the several states

Construction Regulatory & Government Strategy

Construction projects often involve far more than legal disputes. Delays, permitting issues, agency enforcement, regulatory changes, political considerations, and community concerns can significantly affect project schedules, costs, and outcomes.

Anderson Kill’s Government Relations team works alongside the firm’s Construction Group to help clients navigate matters involving the New York City Department of Buildings (DOB), FDNY, DEP, DOT, HPD, OATH, City Hall, the New York State Legislature, and other state and local agencies. Our team assists clients with regulatory strategy, permit and compliance issues, Stop Work Orders, agency investigations, legislative and regulatory advocacy, and other government-related matters that can impact construction and development projects.

The group is led by Brad Gerstman, Chair of Government Relations, and includes former New York City Buildings Commissioner Rick D. Chandler, whose decades of leadership and regulatory experience provide clients with valuable strategic insight into New York City’s construction and development environment. Together, they work closely with Anderson Kill’s construction litigators to provide coordinated legal, regulatory, and strategic guidance designed to help clients resolve challenges efficiently and keep projects moving forward.