Construction Law 2017-08-16T16:29:50-05:00


new york construction law

Construction Law

The Construction Law practice of Gerstman Schwartz & Malito, LLP provides comprehensive consultation and support to owners, developers, contractors and sub-contractors on all legal aspects related to the construction industry.  Our firm is staffed by seasoned lawyers with complete working knowledge and sophistication in handling complex construction matters.   At Gerstman Schwartz & Malito, LLP we have a true understanding of not only Construction Law, but what our clients in the construction industry face each day to bring a project to fruition.

Our firm represents clients involved in large scale industrial, commercial and residential projects throughout New York State, especially in NYC and the surrounding Boroughs, and our practice areas include but are not limited to:

  • Construction Law – New York Construction Law, New York City Administrative Code, New York State Codes, Rules and Regulations (NYCRR) and Federal Regulations;
  • Regulatory Agencies – engaging with Federal, State and local agencies including, OSHA, NYSDOT, NYSDOL, NYCDOB, NYCDOT, NYCDOF and the NYC Environmental Control Board;
  • Contracts – draft, negotiate, review and enforce all prime construction contracts and sub-contractor agreements; issue resolution, breach of contract, warranty and termination issues;
  • Litigation – issue and dispute resolution including all aspects of mediation, arbitration, appeals, hearings, litigation, and other statutory remedies;
  • Related Professional Services – facilitating applications, licenses and permits; zoning and variance issues; abatement of violations and fine reduction related to NY Construction Laws and NYC Construction Codes, especially ECB, DOT and DOB;
  • Advocacy – engaging with public and private stakeholders including chambers of commerce, community boards, advocacy groups and coalitions;
  • Procurement – research and bid analysis, preparation of bid documents i.e.:  RFP’s, RFQ’s, NIB’s, ITB’s, bid tracking and project advocacy;
  • Insurance – dealing with stakeholders on insurance coverage, analysis, claims negotiations and settlements;
  • Bonds and Surety – analysis of bonds and surety documents, negotiations and issue resolution related to contract(s) performance issues;
  • Environmental – analysis and issue resolution, engaging with appropriate regulatory agencies and other public and private stakeholders;
  • Payment Disputes – analysis of current Labor Law and General Business Law, issue resolution including Prompt Pay Act (PPA) actions; and
  • Employment Law and Labor Relations – analysis of Federal, State and Local Labor Laws, issue resolution of employment issues.

Our clients benefit from our extensive experience on a wide range of construction projects in both the public and private sectors, including:

  • Government Buildings
  • Office Buildings and Complexes
  • Bridges, Roadways and Tunnels
  • Schools and Universities
  • Hospitals and Medical Centers
  • Hotels and Hospitality-Industry Projects
  • Manufacturing Facilities
  • Residential Communities

Our commitment to the construction industry includes significant involvement with many industry-related associations.  Our firms relationships with these associations and other industry leaders affords us the opportunity to substantively contribute to the ongoing evolution of industry laws, codes and standards to the benefit of our clients.

Gerstman Schwartz & Malito, LLP has a proven track record and our clients have come to depend on us when they need the services of a New York Construction Law Firm that understands the intricacies of the construction industry and the nuances associated with assisting our clients to achieve their project goals.

For more information about our Construction Law practice, please contact James Stevens, Esq. at or 516-880-8170.

Construction Industry Case Studies

A large construction company sought our aid after a debarment was filed against them through the New York State Department of Labor. They came to Gerstman Schwartz & Malito in an effort to have this debarment lifted so that they may resume business.
Gerstman Schwartz & Malito took on an advocacy role in hopes of effectively proposing the State Agency to change their ruling.
By working with New York State elected officials who represented the client’s district as well as appropriate committee members, our team was able to determine the reasoning for debarment. Ultimately, the barring was lifted and the State Agency is continuing to negotiate a settlement.
A large general contractor, building a 100 million dollar plus project on West 46th Street between 8th and 9th Avenues in NYC was seeking a partial sidewalk closure. The NYC Department of Building (DOB) and NYC Department of Transportation (DOT) were involved. The DOB made a determination about a specific piece of construction equipment that would impact the use of the sidewalk for pedestrians. The DOT made a determination about what precautions and modifications would take place regarding the sidewalk itself. The local Community Board has an opinion and both issues and were affecting approval with both NYC agencies. This was affecting our client’s ability to meet deadlines with the owner and sub-contractors.
Gerstman Schwartz & Malito embarked on a grassroots campaign with the Community Board, local business owners and local NYC Council members. Further, we worked with key personnel at the NYC DOB and DOT to come to a compromise with each agency which would satisfy the Community Board and local business owners, while gaining approval from the DOB and DOT as requested.
Gerstman Schwartz & Malito secured permits from the DOB for use of the requested crane and secured approval from the DOT for a partial sidewalk closure, a proposed mid-block crosswalk, and use of a flagman during work hours. This had not been done before other than at 6th Avenue, and that was a City project. The results were secured expeditiously, therefore not impacting our client, the large general contractor and the owner.
A developer came to us and was changing General Contractors on a large scale downtown construction site where two SWO’s had been imposed, 1 by the Department of Buildings and 1 by the Department of Transportation. The situation had gone so far as the DOB was ordering backfill of the site and imposing thousands of dollars in fines per day.
Gerstman Schwartz & Malito engaged with the DOT and DOB, as well as the local Community Board in order to work out an agreement that would be in the best interests of all parties and alleviating community impact.
Gerstman Schwartz & Malito worked out an agreement with the DOB wherein the Developer and new GC were permitted to submit plans for rectifying SWO issues at the site, proceed to dewater the site instead of backfilling, secured permission to proceed and had the SWO rescinded. Additionally, Gerstman Schwartz & Malito worked out an agreement with the DOT to allow for the proper sidewalk closure, permissions to cross the sidewalk with required equipment, and remove the current SWO. Lastly, Gerstman Schwartz & Malito engaged with the local Community Board and gained their support of the Developer and new GC’s plans to rectify issues at the site and move forward with the project. The results of Gerstman Schwartz & Malito’s efforts saved our client approximately $750k dollars in costs and fines.
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