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Our Construction Department represents the 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.

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.
  • Negotiating and drafting of license agreements with neighboring property owners, including (as necessary) underpinning and support provisions.
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