Practice Area
Construction & Infrastructure Attorney — New York & New Jersey
From contract to closeout.
Construction is where deals, labor law, and government oversight collide. We represent contractors, subcontractors, developers, and owners across the project lifecycle — from structuring the agreement to resolving the claim.
How we help
- Construction, design-build, engineering, and professional services agreements
- Subcontractor flow-down provisions and multi-party project structures
- Prevailing wage compliance — Davis-Bacon and New York Labor Law §220
- Project Labor Agreements (PLAs) and apprenticeship participation requirements
- Change orders and relief events — entitlement analysis, notice compliance, pricing, and negotiation with owners and agencies
- Mechanics liens — filing, perfecting, foreclosing, and defending
- Delay, defect, and payment claims; default and convenience terminations
Change orders & relief events
Changed conditions, owner-directed changes, design conflicts, weather and force majeure events — the money on most projects is won or lost in how these are documented and pursued. We help contractors establish entitlement, comply with the notice provisions that contracts use to extinguish valid claims, price the change correctly (including time and impact costs, not just direct costs), and negotiate relief with owners and public agencies. The earlier we see a brewing change or relief event, the more of your claim we can usually preserve.
Public works & transportation depth
Eugene structured and negotiated construction agreements for one of the nation's largest federally funded infrastructure programs and counseled two governments on public works compliance. His transportation industry experience is extensive — years of counseling on infrastructure projects spanning bridges, roadways, rail, and ground transportation, with the permitting, real estate, and multi-jurisdictional issues they bring. If your project touches public money or public infrastructure, that experience is hard to replicate.
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Construction & Infrastructure — FAQ
I’m a subcontractor and the GC isn’t paying. What are my options?
You likely have several, and they stack: prompt-payment statutes with interest penalties, mechanics lien rights on private projects, payment bond claims on public projects, and breach of contract. Each has its own deadline, and some may already be running. Bring your contract and payment records to a free consultation and we will sequence the remedies for maximum leverage.
How does a construction payment dispute typically unfold?
The usual sequence: document the claim (notices, daily reports, photos), make a proper written demand, preserve lien or bond rights before deadlines pass, negotiate — and litigate only if the numbers justify it. Contractors lose more money to missed notices and blown deadlines than to bad facts. We manage the sequence so nothing lapses while talks continue.
The owner wants extra work but won’t sign a change order. What do I do?
Stop and get it in writing — most contracts make unsigned change orders unenforceable, and "we will work it out later" is how contractors fund other people’s buildings. If you have already done the work, claims like quantum meruit may still recover value, but the proof burden is heavier. We draft change-order protocols that keep you paid and defensible.
What is prevailing wage compliance and does it apply to my project?
On public works projects, contractors must pay statutorily set wage and benefit rates (Davis-Bacon federally, Labor Law §220 in New York), file certified payrolls, and meet apprenticeship requirements. Violations mean withheld payments, penalties, and potentially debarment — and liability often flows up to the prime contractor for subcontractor violations. We keep contractors compliant and defend them in audits and investigations.
We received a notice of default or termination. What should we do immediately?
Treat it as urgent: cure periods are short, and your response letter becomes core evidence. Do not walk off the job, do not fire back an angry email, and do not sign anything. A default termination can follow you into future bids — but handled correctly, many defaults are cured, withdrawn, or converted. Call us before you respond.
Can I make a delay claim? Our project is months behind through no fault of ours.
Possibly — it depends on your contract’s notice requirements, what caused the delay, and whether a no-damages-for-delay clause applies (they have exceptions). Contemporaneous documentation is everything. The earlier we look at a delayed project, the more of your claim we can usually preserve.
Do you review construction contracts before signing?
Yes — and it is the cheapest insurance you can buy. Flow-down clauses, pay-if-paid provisions, no-damages-for-delay clauses, broad indemnity, and one-sided termination rights are where contractors lose money. A flat-fee review before signature costs a fraction of litigating any one of them.