F&N attorneys prepare and review contracts, subcontracts, and change orders on behalf of a diverse client base in the New York construction industry. The contracts that they prepare for owners include provisions and phrasings that garner advantages useful in assuring that the work progresses as planned and within budget.
Similarly, the contracts they prepare for contractors and subcontractors assure that the owner will pay fairly and timely for labor and materials expended in the work and that the risks for the builder are minimized.
F&N attorneys evaluate, document and advance claims for change orders and the appropriate extra or credit. Our familiarity with the industry and its practices afford our clients an efficient analysis and presentation that integrates contract provisions, state law pertinent to the issues, and the facts that constitute the basis for the claim.
In addition to matters arising in the private sector, F&N offers its clients extensive experience with issues arising under Federal, New York State, New York City and other Municipal Agency construction contracts. Notably, F&N has handled matters for clients in contract with the Dormitory Authority, the SCA, the MTA and its subsidiaries, the DDC, and the Port Authority.
F&N clients consult with their attorneys on many issues after the Notice to Proceed has been issued and before any reason for a claim arises. For example, special rules pertain to so-called Wicks-Trade or multiple-prime contractors and construction managers that require interpretation and guidance, and other rules pertain to the filing of liens that differ dramatically from private to public owners.
For the savvy construction executive facing any unusual occurrence or out-of-the-ordinary event – at a site or in the production or delivery of materials, will call the F&N lawyers for advice on how best to handle it in order to minimize its impact on costs and the schedule.
Finally, F&N will mediate, arbitrate or litigate the resolution of construction law disputes on behalf of general contractors, subcontractors, material vendors and public and private owners. As a last resort, F&N attorneys use the courts for a client after discussions with the adversary have broken off – or if the other side will not even discuss a problem. Proper use of the courts often means a quick and satisfactory settlement for an F&N client.