Cases
Representative Matters: Secured a $40.3 million judgment on behalf of Tutor Perini subsidiary Five Star Electric Corp. in a case involving the breach of contract claims of electrical contractor Five Star Electric as a third-party beneficiary of the contract between the general contractor, a J.V. of Tully Construction Co., Inc.
A. J. Pegno Construction,
the City of New York, involving upgrades to the Newtown Creek Water Pollution Control Plant.
Obtained a judgment from the State Supreme Court, New York County, dismissing Defendant City of New York's affirmative defenses
counterclaims for fraud against our client totaling $75 million arising out of the criminal convictions of two former employees
several subcontractors for fraud. The court found that the City's counterclaims
affirmative defenses were barred by the statute of limitations.
Defended well known preparatory school in a $34 million action for wrongful termination of its contract brought by contractor. The school discovered contractor was misappropriating funds,
the action ultimately concluded with all claims against the school being dismissed.
Represented construction manager in an arbitration proceeding involving a dispute with a concrete subcontractor on a project for the construction of the Bloomberg Center at Cornell Tech.
Representing major university in its defense of a $16 million lawsuit commenced by construction manager over the construction of the Roy
Diane Vagelos Education Center.
Represented a large European engineering, procurement
construction (EPC) contractor on a 500mw hydroelectric power project in the Andes mountains near Santiago, Chile involving many novel construction
contractual issues, given the terrain of the project, the contractual structure,
the local law regulatory regime.
Obtained dismissal on behalf of major university of more than $10 million in subsurface conditions claims, which concerned the construction of slurry walls
foundations by a joint venture contractor on campus construction.
Representing public works contractor in its $50 million claim against the State of New York arising out of a $150 million Project for the construction of the interchange between the Long Isl
Expressway
the Cross Isl
Parkway. In 2018, the Court of Claims granted contractor's motion for summary judgment dismissing all of the State's counterclaims
affirmative defenses based upon alleged MWBE fraud.
Representing one of the ten largest construction companies in New York in defense of major litigation involving the One Hanson Place concerning conversion of the iconic Williamsburg Savings Bank building in Brooklyn, New York from an office building to a mixed-use building, involving retail, residential,
commercial spaces.
Representation of contractor through trial against construction defect claims, delay/disruption claims, surety bond claims
non-payment claims involving the construction of a project for the Metropolitan Transportation Authority Number 7 Line subway station at the intersection of 34th Street
11th Avenue in New York.
Providing counseling
advice to an equity joint venture in connection with proposals for the $4 billion redevelopment of LaGuardia Airport's main terminal, one of the largest planned infrastructure projects in New York City.
Obtained judgment after trial on behalf of a construction management firm from the Supreme Court of the State of New York County of Westchester dismissing all plaintiff's claims, totaling $1.2 million, which had alleged delay damages/escalation
breach of contract.
Representation of prime contractor with contracts valued in excess of $1 billion on the East Side Access subway tunnel project for the Metropolitan Transportation Authority in connection with claims involving differing site conditions
delays.
Obtained summary judgment dismissing $2.3 million in claims filed by a mechanical subcontractor against construction management firm in connection with the Maimonides Medical Center expansion project in Brooklyn, New York on grounds that the claims were barred by the no damage for delay clause in the parties' contract.
