John E. Osborn P.C. provides strategic advice in planning and implementing overall capital improvement programs, from project inception through final completion. These legal services include assistance in forming the project team through selecting design professionals, environmental consultants, and other professionals to carry out the project, and assistance in preparing bid packages and awarding the construction contract.

We are often initially called upon to assist an owner or developer during the litigation process. Through the years, we have found that if owners and developers work together closely with counsel, design professionals and construction managers from the outset, projects have a higher probability of being completed on time and within budget. We have had consistent success in contributing to effective project delivery when we are retained by an owner at the project’s inception.

Our extensive experience gives us a unique understanding of what can go wrong with construction and renovation projects and how to minimize risk and avoid problems through proper contract drafting, clear communication, and close oversight.  As veterans of many transactions, litigations, and regulatory proceedings, we have developed a “keen eye” for identifying issues which give rise to liability, and expertise in implementing tools to avoid and manage risk.  We understand the need to build a record and to manage communications and documents cautiously and effectively.

To the extent that claims are not able to be solved at project close out, John E. Osborn P.C. has a depth of experience and success in bringing about effective dispute resolution, trying cases in court and in arbitration, and a well-developed track record for obtaining favorable results through the use of mediation.

Typical Construction Law Services

  • Prepare and negotiate the architect, contractor, construction manager and consultant contracts

  • Monitor construction and renovation projects and provide troubleshooting. This includes addressing errors and omissions claims, defaults, defective work, and providing practical solutions with assistance from the Firm’s strategic alliances to address project challenges

  • Assist the owner in addressing safety and insurance concerns

  • Negotiate replacement of design professionals, construction managers, contractors and their representatives when necessary, to address project delivery failures

  • Facilitate completion of construction projects by non-performing contractors through notice to and close collaboration with bonding companies, as well as negotiations in the event of a contractor’s default

  • Resolution of billing and performance issues with architects, construction managers, and trade contractors

  • Assist owners with resolution of New York State Department of Labor issues including addressing allegations of the failure of trade contractors to pay prevailing wages

  • Litigation, mediation and arbitration relating to construction claims, construction defects, Mechanic’s Liens, and errors and omissions in design

Project Management & Troubleshooting

Anyone who has taken part in the capital planning, construction and development process, whether as an owner, developer, design professional or construction manager, can attest to the fact that making sure a project gets done on time and within budget is no easy task. John E. Osborn P.C. has developed a reputation for troubleshooting distressed or failed construction and renovation projects and consistently being successful in addressing budget, schedule and claim issues to place troubled or failed projects back on track.

Typical Project Management and Troubleshooting Services

  • Conduct comprehensive project investigations on troubled or failed projects (including investigation of construction defects, design errors and omissions, and failures of project administration/management) in order to recover damages from responsible parties and ensure proper project completion

  • Manage, supplement and/or modify the project team, as necessary, to increase effectiveness and respond to unanticipated conditions

  • Participate in project meetings to resolve legal and business issues and negotiate/settle disputes during construction

  • Negotiate and settle claims for extra work, errors and omissions, and construction defects during the project’s construction through project close out

  • Manage and negotiate payments to trade contractors upon construction manager default

  • Address budget and scheduling issues to reach timely and economical project completion

  • Negotiate with government officials to resolve code/regulatory issues

  • Assist owners in effective project close out relating to commissioning, warranties and satisfaction of legal requirement

Our construction law attorneys are recognized in the industry and are active members in various associations including The Greater New York Construction User Council and New York Building Congress and have articles published in numerous publications including the National Law Journal, New York Law Journal, New York Construction, and Real Estate New York.

Our Construction Law Profile (PDF)

Prior results do not guarantee a similar outcome.