On Demand Audio

Construction License Agreements in New York and How to Avoid Court Ordered Access

(358 reviews)

Produced on December 22, 2016

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$ 89 Contract, Real Estate, and Litigation In Stock
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Course Information

Time 52 minutes
Difficulty Intermediate

Course Description

Borne out of statute, but required of necessity, it is a little known fact that construction license agreements between adjoining property owners – whether court imposed through a judicial action or through mutual negotiations between parties – are statutorily required on every construction project, small or large. Through this hour long program by attorney Jeffrey R. Escobar, participants will be given a toolbox of what they need to know about construction license agreements, when your client needs a construction license agreement, and the risks your client faces if it is not obtained due to the ambiguities in the law. Highlighting what happens if your client refuses to grant a construction license agreement and the judicial steps necessary to secure a license agreement from a recalcitrant adjoining property owner, the program also covers the top areas of liability counsel typically misses when negotiating a court ordered license agreement, as well as how to both pursue and defend against claims arising under such license agreements. The program wraps up with identifying the best practices to avoid court ordered access to property and what steps you can take to place your client in the best position.

Who should attend? This seminar will be practical and useful for any construction or real estate professional involved with the development and deployment of construction, especially in New York City, as well as any construction practitioner who prepares construction contracts or who litigates construction claims, especially those who structure and lead in the development of large and complex development projects. Although focused on New York statutory requirements, practitioners in other jurisdictions will find the content useful as they negotiate the terms and conditions of construction license agreement and easements for their projects.

Learning Objectives:
  1. Identify what a construction license agreement is, when it is necessary to obtain one, and how to navigate its mechanics
  2. Understand the risks and pitfalls of failing to seek or to grant a construction license agreement and its impacts on a project
  3. Better grasp how to successfully draft and negotiate a construction license agreement and learn what provisions are always missed in negotiations
  4. Explore the best practices to avoid a court ordered access to a property

Credit Information

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Jeffrey Escobar

Norton Rose Fulbright US LLP

Jeffrey R. Escobar is Senior Counsel in the New York office of Norton Rose Fulbright US 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 Norton Rose Fulbright US 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.


Josh S.

Good job by the speaker

Diane M.

excellent program on this topic

Marcia R.

Excellent clear practical pointers.

Dacongcong M.

very informative. a good overview. very informative. good overview.

James D.

Good overall coverage of the topic

Moshe N.

clear and well presented.

Arthur S.

Nice job Mr. Escobar

Daniel O.

Great course; well presented and thorough

James H.


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