Claims, Notices and Dispute Resolution: Demystifying Construction Litigation

(378 Ratings)

Produced on: June 15, 2016

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 66 minutes
Difficulty Intermediate

Sustained growth in construction activities in recent years in public and private works has led to proliferation of construction claims across diverse dispute resolution fora. Successfully handling construction claims involves understanding the fine-print detail of contract notice and indemnity provisions, the importance of other key elements of project participants’ tiered agreements and the applicable dispute resolution clauses. This concise yet comprehensive guide to construction dispute resolution from experienced construction law practitioners provides the perspectives of owners, contractors, design professionals, subcontractors and construction lenders, and furnishes tools you need to confidently handle the nuances of these fact-specific cases.

In this course you will learn to advise your clients on how to address the legal aspects of construction projects at the outset, including key provisions in construction agreements, architectural contracts, and changes in time/cost procedures, as well as determine whether your client has a case by analyzing whether a construction defect actually exists and what best practices to follow in the midst of an ongoing construction project. This course also takes a close look at indemnity provisions in construction contracts to determine who is responsible for defending against a defective construction claim.

The faculty present tips and strategies — grounded in recent case law and established practices — for handling construction-related matters covering the entire spectrum from negotiating contracts to litigating complex construction claims. 




Learning Objectives:
  1. Identify types of notice provisions for construction claims, disputes and defects – when failing to give timely notice can hurt you
  2. Learn how to address construction contract claims from a practical standpoint
  3. Understand which avenue to pursue in dispute resolution and when to employ alternatives to litigation

Faculty

Wojciech 'Voytek' Jackowski

Offit Kurman, P.A.

Wojciech ‘Voytek’ Jackowski is an attorney with Menaker & Herrmann LLP, focusing on commercial and corporate dispute resolution. In addition to appearing in federal and state courts and before arbitration panels and administrative panels domestically, Wojciech has experience in international aspects of litigation. He has represented entities and individuals in cases involving property loss claims, construction issues, white-collar crime, personal injury, trade and contract disputes, and claims raising questions under federal labor law. Wojciech also advises clients on international facets of litigation and dispute resolution, as well as criminal and civil facets of various international income reporting obligations.

Prior to joining the Firm, Wojciech was a Senior Assistant District Attorney with the Brooklyn District Attorney’s Office where he was part of the Money Laundering and Revenue Crimes Bureau and the Rackets Division. There he concentrated on the investigation and prosecution of business and securities fraud, money laundering, and corporate and individual income and sales tax evasion. He also supervised investigations relating to identification and civil forfeiture of criminally obtained assets.


Professional & Community Involvement:

  • Member of the American Bar Association, the New York City Bar, and the Association of Certified Anti-Money Laundering Specialists.

  • Member of the New York City Bar Association’s Construction Law Committee.

  • Menaker & Herrmann’s representative to the European American Chamber of Commerce-New York Chapter

  • Menaker & Herrmann’s liaison with the Law Firm Sustainability Network.

  • Court-appointed arbitrator in the New York County Small Claims Court.


Representative Speaking Engagements:

  • “Construction Contracts 101: Contracting for a Successful Project,” New York City Bar Association, New York, New York (July 17, 2014)

  • Panelist in a program entitled “Risk Management Issues in Construction Projects & Contracts,” New York City Bar Association, New York, New York (March 26, 2014)

  • “Construction Contracts 101: Agreements Explained & Demystified,” New York City Bar Association, New York, New York (July 18, 2013)


Publications:

“Recognition of Foreign Judgments in the United States,” New York Example, Trade and Investment Section, Polish Consulate General in New York, June 24, 2013


Richard Volack

Peckar & Abramson, P.C.

Richard Volack is a partner in the Construction Law Practice at Peckar & Abramson. He counsels some of the country’s largest general contractors, construction managers, and owners in all aspects of construction dispute resolution, including claims involving breach of contract, construction defects, design defects, schedule-and-impact delays, mechanic’s liens, surety bonds and insurance.

Mr. Volack’s practice encompasses dispute resolution through mediation, arbitration and, when necessary, litigation. He also counsels clients on litigation avoidance practices, risk management, project planning and contract negotiation in relation to construction projects, both in both domestic and international settings.

He is a frequent lecturer on construction insurance, risk management, the New York Mechanic’s Lien Law, e-discovery and electronically stored information (ESI) issues as they relate to construction litigation.

Mr. Volack is admitted to practice in the States of New York and Connecticut. He is the past chairman and past secretary of the Construction Law Committee of the New York City Bar Association and a member of the Construction Law section of the American Bar Association.

He received his bachelor of science from the University of Scranton, a master of arts degree from the Maxwell School of Citizenship and Public Policy at Syracuse University and his law degree from Syracuse University College of Law, where he served as the business editor for the Journal of International Law and Commerce.



Jeffrey R. Escobar

Chadbourne & Parke LLP

Jeffrey R. Escobar is Counsel in the New York office of Chadbourne & Parke LLP. Concentrating on construction transactions and practices, he has led and advised clients on the development, construction and risk management of hundreds of large and complex vertical and horizontal construction projects across the country.

Jeffrey's practice primarily focuses on the negotiation, structuring, drafting and documenting of complex design, engineering and construction transactions representing both institutional and private clients, as well as the structuring, negotiating and drafting of joint venture and development agreements, development management agreements, property management agreements and project management agreements for an array of real estate development projects on behalf of project owners, real estate companies, closely-held developers and private equity funds.

Honored since 2014 as a New York Rising Star in Real Estate Construction in New York Super Lawyers by Thompson Reuters, Jeffrey continually provides clients with key insight and in-depth knowledge into every stage of real estate development, design and construction, from the construction of a professional sports arena and the only aerial commuter tramway system in the country in New York City, to the development and construction of luxury apartment communities in Los Angeles County and the development of renowned luxury-brand resorts and hotels in Hawaii and South Florida. From luxury resorts, hotels and leisure facilities, high-end fashion retail venues, commercial office buildings and skyscrapers and large scale residential development and apartment condominium complexes to healthcare and life science facilities, professional sports stadiums and entertainment venues, transportation facilities, infrastructure construction, and residential properties, there are no projects to small or too large that Jeffrey has not yet built.

From acquisition, finance, pen & pencil through shovel and gavel, Jeffrey provides clients with real “boots on the ground” and innovative advice and guidance through every stage of construction, applying a deep sense of practicality and business acumen to support clients in the successful completion and delivery of projects across the country and abroad.

 Before joining Chadbourne & Parke LLP, Jeffrey led the construction practices services of the Real Estate group at one of the top ranked international corporate law firms in the country and was associated with the top Chambers-ranked construction law firm in the United States.

Reviews

JR
Jeff R.

Comprehensive

RK
Raymond K.

Excellent all-around presentation. Very useful for construction lawyers

JB
Julie A. B.

The three tenors of construction claims.

MB
Marlin B.

This was one of the best CLEs I've ever taken

SB
Steven B.

good course

PR
Paul R.

Very thorough and well presented

WA
Whitney A.

The responsibility charts as to contractor and owner were excellent

WM
Warren M.

Covered a lot of ground. Appreciate their experience.

AB
Anne B.

great presentation

AR
Andrew R.

Excellent production

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