Construction

In January 2018, Rosenberg & Estis established a Construction Law Department headed by Member and M.I.T. graduate Arthur C. Silverman, who for decades has been recognized across the NYC real estate industry for his knowledge, judgment, and advice in project planning and execution. Mr. Silverman has earned consistent recognition by Chambers, Super Lawyers, and Best Lawyers, and has maintained an AV Martindale-Hubbell rating for over 35 years. He has been described as "one of the deans of the New York construction bar." Mr. Silverman is also an experienced litigator and appears in court and other dispute resolution forums in appropriate matters.

The establishment of a Construction Department represents the latest phase in our firm's total commitment to clients who require comprehensive, effective, cutting-edge legal strategies across all aspects of real estate investment, development, ownership, financing, and operation. The Department is already advising industry leaders. Rosenberg & Estis has become a Sponsor of the New York Building Congress, and three of the firm's Members serve on the Construction Law Committee of the Congress.

The Department's other key attorneys are Robert M. Kessler (transactions), Mark I. Zelko (litigation) and Mark N. Aloia (transactions), each of whom bring a wealth of experience to our clients who face increasingly complex issues in their development projects. Our focus, at the transaction level, is on allocation of risk; establishment of goals and procedures for selection of professionals, advisors, and the construction manager (including the general contractor); risk assessment and mitigation; cost control; frequent and accurate reporting; progress and completion schedules; contingencies; inspections; requisition procedures; project closeout; and compliance with financing requirements. At the dispute resolution and claims level, our focus is on our client's relationships with adjoining property owners; license agreements for access to, stabilization, and protection of adjoining properties; disputes between the developer and its construction team members, and between the developer and its design team members; mechanic's lien bonding and foreclosure proceedings; and claims for breach of warranty and guaranty.

We represent private and institutional owners and developers, investment funds, private equity investors, and lenders. In addition to the above, our services include:

  • Negotiating and drafting of contracts for complex projects; development agreements; design/build agreements; trade contracts; and design/construct provisions in leases of build-to-suit structures and premises. We prefer to use agreements that are not biased against owners or developers, but if necessary will work with AIA agreements, ConsensusDocs agreements, and public agency agreements. We are fully familiar with "lean construction," BIM, and LEED certification.
  • Advice pertaining to design- and construction-related provisions in leases and loan documents.
  • Advice relating to available insurance coverages, including errors and omissions of professionals; pollution liability; commercial general liability; owner's protective liability, OCIPS, CCIPS and other aspects of risk management.
  • Review of specifications (including Division 1, and notes on drawings) for consistency with the construction and design agreements.
  • Assistance to clients regarding their due diligence in selecting construction managers, general contractors, key trade contractors, design team members, and specialists.
  • Working and coordinating with code and building department specialists.