NY Real Estate Commercial Transactions: Construction & Contracting

With decades of experience in development and construction law, our attorneys are equally effective negotiators and courtroom advocates. When the situation calls for it, we also work closely with technical consultants and industry experts to build strong cases on behalf of our clients.

Crafting Effective Agreements for Construction and Design Professionals

At Schwartz, Conroy & Hack, PC, we provide experienced legal representation to owner-developers in all matters involving design and construction professional contracts. From initial drafting and negotiations to comprehensive reviews and dispute resolution, our firm supports clients at every stage of the process involving engineers, architects, and 

Key Legal Considerations in Design Professional Contracts

The most important aspect of a construction project is ensuring that all required scopes of work are properly detailed, and that design and construction contracts clearly delineate who is responsible for each element of design and construction.  If these matters are clearly thought out in advance and addressed in design and construction contracts, when things go wrong, the various contracting parties cannot shirk their responsibilities by blaming others in the design or construction process.  At Schwartz, Conroy and Hack PC we work with our clients to carefully identify each participants’ responsibilities and properly allocate risk so as to avoid the all too often blame game that results from poorly drafted contracts.

Coordinating Multiple Design and Construction Professionals

When more than one design and construction professional is involved on a single project, clearly defining roles and responsibilities becomes critical. Our attorneys have developed tools to delineate responsibilities and clarify interdependencies. This allows us to construct detailed agreements that minimize overlaps, resolve ambiguities, and promote project efficiency.

Comprehensive Contract Drafting and Customization

Our legal team has in-depth familiarity with the standard forms commonly used in the construction and design industries. We frequently adapt these templates or draft entirely original contracts to align with our clients’ objectives. Key contract elements—such as insurance requirements, indemnity provisions, and risk allocation—are addressed carefully to foster fair, balanced agreements that reduce the likelihood of conflict during the course of the work.

Legal Guidance During the Construction Process

Our in-depth understanding of construction operations and industry standards enables us to offer practical, informed legal support to owner-developers throughout the construction phase. At Schwartz, Conroy & Hack PC, our attorneys draw on decades of experience in construction law to help clients address challenges as they arise during all stages of development.

How We Support Clients Throughout Construction

Today’s construction environment is increasingly complex, and more clients are seeking legal counsel throughout the active phases of development. Our attorneys provide real-time support and strategic advice on a wide range of construction-related matters, including:

• Advising on commonly accepted industry procedures and risk management practices
• Evaluating and interpreting insurance coverage specific to construction projects
• Clarifying and enforcing the rights and obligations defined in construction contracts
• Identifying potential obstacles or disputes early in the process to minimize impact
• Navigating interactions with neighboring property owners during demolition, excavation, and preconstruction
• Assisting with access arrangements to adjacent properties for protection and code compliance
• Advising on underpinning and structural stabilization responsibilities
• Helping resolve violations and lifting stop-work orders issued by municipal authorities
• Addressing liability risks and safety issues on job sites
• Managing delay claims and evaluating associated financial implications
• Providing guidance on best practices for construction documentation and record-keeping
• Representing clients in public agency hearings related to development projects

Intellectual Property and Document Ownership

Design-related intellectual property can be a complex area, especially regarding who retains rights to blueprints, plans, and creative content. Our attorneys understand the licensing and copyright issues that can arise and guide clients through structuring agreements that properly assign rights and manage usage.

Strategic Legal Support from Start to Finish

With our deep experience in both construction law and design contracts, we help clients manage legal complexities while focusing on achieving their goals. Our forward-thinking approach aims to prevent disputes before they occur and foster collaborative success among all project participants.

Skilled Legal Representation in Construction Disputes

Disputes are often an inevitable part of the construction process for both owners and developers. Conflicts can arise over project scope, cost overruns, allocation of responsibilities, or differing interpretations of contract language—even when those contracts are meticulously written.

At Schwartz, Conroy & Hack PC, our attorneys bring deep litigation experience to the table, representing clients in a broad range of construction-related legal disputes. We are committed to resolving issues efficiently and favorably while keeping time and expense to a minimum.

Common Construction Dispute Matters

Our team advises and represents clients in a wide range of disputes, including:

• Enforcement and defense of mechanic’s liens
• Breach of contract and warranty claims
• Access, damage, and easement issues with neighboring properties
• Deficiencies or defects in construction work
• Disputes over payment obligations
• Project delays and inefficiency-related claims
• Bond coverage and insurance disputes
• Construction site accident liability
• Project abandonment or premature termination

Early Intervention and Dispute Resolution

Our approach is to resolve disputes as early as possible through practical, business-minded solutions. Depending on the nature of the conflict, this might involve alternative dispute resolution methods such as mediation or arbitration. In many instances, a well-crafted demand letter is enough to prompt a settlement. However, if a trial or appeal becomes necessary, our litigators are fully prepared to represent your interests in court.