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Construction Disputes and Insurance Coverage Disputes

Overview

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

 

Workouts and Restructuring

Anderson Kill represents a broad range of financial institutions, institutional investors, debt investors, finance companies, owners and developers in real estate workouts, restructurings and foreclosures, both in and out of bankruptcy. The firm’s attorneys advise our lending clients and other real estate investors, as well as borrowers, in dealing with troubled and defaulted loans and distressed real estate, and in acquiring, restructuring and foreclosing real estate loans and in leasing and selling acquired properties. In matters where litigation is necessary to resolve debt and related problems, we offer responsive and effective service at all levels, including alternative dispute resolution, prejudgment remedies, trial and appellate work.

Events

Maximizing Insurance Recovery for Liability and Defect Claims in Construction
  • Dennis J. Artese James A. Goodridge Jason Kosek Ethan W. Middlebrooks Allen R. Wolff
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  • November 28, 2023
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  • 1251 Avenue of the Americas, NY, NY
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Builder’s Risk: Handling Common Issues & Claims
  • Carrie Maylor DiCanio
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  • December 8, 2022
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  • Kiewit Campus, 10055 Trainstation Circle, Lone Tree, CO
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INSURANCE COVERAGE ISSUES FOR POLICYHOLDERS INVOLVED IN CONSTRUCTION LITIGATION
  • Allen R. Wolff
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  • December 1, 2022
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  • New York, NY
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Construction OCIP-CCIP Insurance Programs: Potential Coverage Gaps and Other Coverage Pitfalls (2022)
  • Dennis J. Artese
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  • September 27, 2022
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  • Live Webinar
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Construction Litigation of Additional Insured Endorsements: Blanket Clause Risks, Contractual Privity, Coverage Limits
  • Ethan W. Middlebrooks
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  • September 14, 2022
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  • Live Webinar
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CONSTRUCTION CONTRACTS, PROJECT MANAGEMENT, AND RISK MITIGATION: HOW TO MANAGE RISKS BEFORE, DURING, AND AFTER CONSTRUCTION THROUGH CONTRACT DRAFTING, PROJECT MANAGEMENT, AND INSURANCE
  • Allen R. Wolff
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  • July 27, 2022
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Important Coverage Issues Relating to Complex Construction Losses
  • Finley T. Harckham
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  • October 19, 2016
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  • Warwick, RI
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Construction OCIP/CCIP Insurance Programs: Potential Coverage Gaps and Other Coverage Pitfalls
  • Finley T. Harckham
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  • April 5, 2016
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Publications

New York State Updates Prompt Payment Act
  • Anderson Kill Construction Industry Advisor
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Consider Self-Help to Trigger Additional-Insured Status
  • Law360
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A Defective Precedent for “Defective Work” in Insurance Coverage
  • New York Law Journal
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LESSONS FROM THE SURFSIDE CONDO COLLAPSE ONE YEAR LATER
  • Risk Management Magazine
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TRANSFERRING RISK WITH CONTRACTS, INSURANCE COVERAGE AND SOMETIMES, LITIGATION
  • New York Law Journal
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A 10-POINT CHECKLIST FOR TRANSFERRING RISK
  • Construction Executive
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BUILDERS RISK POLICIES COVER COVID-19 CONSTRUCTION LOSSES
  • Law 360
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SECURING INSURANCE COVERAGE FOR CONSTRUCTION DEFECT CLAIMS
  • Construction Industry Advisor
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News

Law360 Names Wolff to Construction Editorial Advisory Board
  • April 16, 2020
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Proper Insurance Coverage for Construction Crucial in Avoiding Costly Litigation
  • September 21, 2018
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Atty’s Guide To Construction Professional Liability Coverage
  • May 14, 2018
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10th Circ. Split Adds Wrinkle To NY Faulty Work Coverage Law
  • February 15, 2018
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Insurance Industry Sees Challenges with New York City Crawler Crane Requirements
  • November 30, 2016
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NY Additional-Insured Ruling Builds Doubt For Contractors
  • September 16, 2016
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James P. Cullen to be Honored for Human Rights Work by Franciscan Friars
  • September 24, 2014
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Allen R. Wolff Joins Anderson Kill as a Shareholder in New York
  • August 21, 2013
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Anderson Kill Lures Construction Insurance Vet From Olshan
  • August 21, 2013
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Anderson Kill Promotes Dennis J. Artese and Cort T. Malone to Shareholder
  • June 3, 2011
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Maryland Circuit Court Affirms Performance Bond Obligation to First Baptist Church of Guilford and First Mariner Bank
  • May 23, 2011
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Allen R. Wolff of Anderson Kill Appointed to Law360’s Construction Editorial Advisory Board
  • April 16, 2020
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People

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Cameron R. Argetsinger

Shareholder , Washington, DC

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Dennis J. Artese

Shareholder , New York

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Jeffrey E. Glen

Of Counsel , New York

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Jason Kosek

Attorney , New York

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Ethan W. Middlebrooks

Shareholder , New York

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Allen R. Wolff

Shareholder , New York

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Key Contact(s)
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Dennis J. Artese
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Allen R. Wolff
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© Copyright 2024 by Anderson Kill P.C.