Construction Litigation

Our attorneys have represented general contractors, construction managers, and subcontractors in construction litigation. We also have experience representing CGL and excess insurance carriers in declaratory judgment actions arising out of construction related accidents or losses.

Persons who have been injured working in construction are entitled to benefit from special statutes, such as state labor laws. In New York, the Labor Law requires property owners, contractors, and their agents to provide proper protection to workers employed on a construction site. However, not every hazard or danger encountered in a construction zone falls within the scope of the Labor Law so as to render the owner or contractor liable for an injured worker's damages.

Labor Law sections 200, 240(1) and 241(6) are statutes governing worksite accidents. Under section 240, if the statutory required safety equipment is not supplied, is defective, or fails, the owner and contractor are subject to strict liability and compensatory damages may be awarded to a plaintiff in a lawsuit. This statute sets forth the safety equipment necessary to prevent gravity or elevation related risks so a construction worker is not injured as a result of a fall from a height or from being struck by a falling object.

Our attorneys have successfully litigated construction site accident cases from intake through trial and have been successful in motions for summary judgment.

Construction site accidents raise numerous insurance coverage issues. Our firm has experience in litigating coverage pursuant to additional insured endorsements and the priority of coverage between multiple insurers.

Real property development and construction sometimes result in litigation involving the following claims: construction defect, mold litigation, lead poisoning cases, EIFS (exterior insulation and finish systems) litigation, asbestos, and indoor air quality (“sick building”). The defense of these claims requires reliance upon expert testimony and knowledge of federal and state laws. Construction disputes may involve contractual claims of delay or disruption of construction completion, concealed and latent conditions, design or structural failures, property damage, breach of contract and misrepresentations.

We are a member of the Defense Research Institute.

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