Vast Experience Handling Construction Claims
We Represent Clients In A Broad Range Of Construction Litigation
The firm routinely handles the following matters:
- Change order disputes: Disputes often arise over the price of extra work and whether work is or is not included in the original contract.
- Differing site condition claims: This occurs when the field conditions do not match the plans or when the contractor encounters an unusual field condition. We can help you protect your rights and financial interests.
- Delay claims: This occurs when a task on the critical path takes longer than expected. Depending on the cause of the delay, the contractor may be entitled extra time and extra money or extra time only.
- Acceleration claims: This occurs when a contractor is forced to complete a project in less time than contractually allowed and the contractor incurs additional overtime costs and costs associated with lost productivity.
- Lost productivity claims: A contractor can experience lost productivity due to owner design changes, differing site conditions or other impacts. When a project changes drastically from the initial bid, it might be deemed a “cardinal change.” Excessive need for requests for information (RFI) due to poor design drawings can impact a contractor’s anticipated productivity and result in a cumulative impact claim. Analysis of damages for such claims can involve “measured mile” analysis or a “total cost” analysis.
The sorts of legal issues that arise include:
- Termination claims: Termination is a drastic step, and on bonded jobs it implicates a contractor’s surety. It is important in these situations to mitigate the client’s exposure and preserve evidence.
- Owner implied warranty: As long as the contractor builds the project according to the owner’s plans, the owner cannot complain to the contractor if the owner is not satisfied with the final product. This is known as the Spearin doctrine. This doctrine can implicate issues of constructability of the owner’s plans.
Attorney Karl Silverberg also represents clients in collections actions, including mechanic’s lien foreclosure actions. He also represents creditors’ collecting from debtors who have filed for bankruptcy protection. To learn more about his full range of construction law services for the New York City and Long Island regions, visit the Construction Law Services page.