Construction and Surety Law

Nolan Heller Kauffman represents a cross-section of governmental and private sector clients involved in all areas of the construction industry, including architects and engineers, developers, contractors and subcontractors, as well as owners and bonding companies. We also serve as general counsel to construction industry associations.

Our attorneys take an active role in reviewing prospective solicitations to bid and contracts with our clients. Early involvement in the contracting process gives us the opportunity to advise clients concerning contract provisions and pitfalls to be avoided or negotiated.

There are numerous disputes that may arise among the parties to a construction project or contract. When those disputes cannot be resolved, litigation can ensue. Frequently, construction contracts include mandatory mediation or arbitration provisions, either as a condition to commencing, or in lieu of, litigation. Our attorneys are experienced litigators, with vast experience litigating construction dispute in state and federal courts and in arbitration proceedings.

Payment and Performance Bonds/Surety Claims

There are state and federal laws that protect contractors, sub-contractors and material suppliers performing work on public and private construction projects from defaults in payment for work performed or materials supplied on such jobs. We counsel our clients on their rights and remedies under payment bonds and performance bonds that are meant to protect them from financial losses because of non-payment, including representing them in asserting and defending claims for payment under such bonds against the sureties that issue them.

Mechanic’s Liens/Trust Fund Claims

New York’s Lien Law includes several statutes intended to protect contractors, sub-contractors and material suppliers in the event that they don’t receive payment for their labor or materials provided on both public and private construction projects. These provisions include the right to file and foreclose on mechanic’s liens against the property improved by their labor and materials (in the case of private construction projects) and against public funds appropriated for public construction jobs. Additionally, the Lien Law includes a provision that creates a statutory trust fund in favor of contractors, sub-contractors and material suppliers for monies received for payment of their labor performed and materials supplied on construction projects. Recipients of these funds are legally obligated to keep accurate books and records of monies received for the benefit of others and to ensure that they receive payment for their work and materials. Our attorneys are well-versed in all aspects of New York’s Lien Law, and advise and represent our clients in connection with Lien Law protections, requirements and claims.