John E. Osborn P.C. is hosting a CLE!
Construction Contracts, Dispute Resolution and the Ethics of Settlement: A Strategic Primer for the Institutional Owner
Please join John E. Osborn P.C. for Construction Contracts, Dispute Resolution and the Ethics of Settlement: A Strategic Primer for the Institutional Owner from 8:00 A.M. to 10:00 A.M. on Tuesday, March 1, 2016. The program will feature interactive presentations by John E. (“Jack”) Osborn, Esq. and Daniel Crow, Esq., partners at the 10 lawyer construction and environmental law firm, John E. Osborn, P.C. Attendance at the program provides 1.5 CLE credits and is free of charge.
The program provides strategies for institutional owners, design professionals, construction managers and their counsel to follow when: (1) drafting and negotiating construction contracts; (2) providing project troubleshooting; and (3) effectively and creatively resolving construction disputes. The program will also take a look at the ethical constraints which govern lawyers who negotiate contracts and settlements.
It is essential to remember that an owner has a tremendous advantage when it comes to successful completion of a construction or renovation project, in that the owner can often dictate the terms of the contract. There are basic requirements upon which the owner needs to insist in order to get the project off to a smooth and orderly start while there are other contract clauses which allow the owner to “get back on track” if the project begins to fail.
Our goal is for the program to provide practical advice which can be used on a project from the outset. It has been our experience that when the project contracts have been carefully planned and negotiated from the beginning, fewer disputes will arise. At the same time, it is worthwhile to carefully weigh which dispute resolution method is best, in case a dispute does occur: litigation, arbitration, mediation or dispute resolution boards.
The program will begin with a continental breakfast at 8 A.M. and will be followed by the interactive presentation from 8:30 A.M. until 10:00 A.M. After the program concludes, the presenters will hold a question and answer session from 10:00 A.M. to 10:30 A.M.
May this season of joy herald a new year of prosperity and happiness
The 34th Street-Hudson Yards subway station, the first addition to the New York City subway system in 26 years, was opened to the public on September 13, 2015. The station, located in Hudson Park and extending the 7 train line, was constructed to exhibit a clean and modern appearance.
Hudson Yards, historically an industrial area on Manhattan’s West Side, has become an attractive location to developers. In fact, the extension of the 7 train is being funded by the proceeds of a bond issue which developers will repay as their increasing property values generate greater tax revenue. The planned Hudson Yards development will transform the area into a bustling center of activity featuring parks, shops, restaurants and various new commercial and residential buildings. The subway station also will increase the ease of travel to current attractions in the area, including the Highline and the Jacob K. Javits Center. During the course of its construction, the Hudson Yards development will generate over 23,000 construction jobs.
From everyone at John E. Osborn P.C., we hope you have a prosperous and happy 2016!
John E. Osborn P.C. has moved offices!
We are excited to announce that, on Friday, October 30, 2015, John E. Osborn P.C. moves to 7 Penn Plaza. Alanna Fisher, director of Business Development, hopes that “the new sophisticated office will give members of the Osborn team a constructive space to collaborate and meet with our clientele.”
John E. Osborn P.C. launches a new website and logo!
On October 23, 2015, John E. Osborn P.C. will launch a new website and logo! We hope that the website will add to the users’ experience and make it more engaging, accessible, and easier to navigate. Joseph Lisle, Administrative and Marketing Assistant, says that “The Marketing Department designed the website to have a more modern look, with our updated colors and logo. Throughout 2016, we will be adding features to the website and will be producing material for the public. Stay tuned!”
An Interview with Department of Buildings Commissioner Chandler and Deputy Commissioner Hogan
On Tuesday, January 13th 2015, the Greater New York Construction User Council held a program titled, “A Conversation with the Commissioner: Meet the Department of Buildings Leadership.” The program featured Rick Chandler, Commissioner, Department of Buildings and Timothy Hogan, Deputy Commissioner of Enforcement, Department of Buildings who were interviewed by Greg David, Director, CUNY Graduate School of Journalism and former editor of Crain’s New York Business. Jack Osborn, who serves as the General Counsel to the Greater New York Construction User Council, helped organize the program. Read more here.
Major Hotel Executives Reflect on the Continued Growth of Tourism and Hotel Inventory in New York City
On The Greater New York Construction User Council (“GNYCUC”) and the Hotel Engineers Association of New York Inc. (“HEANY”) were conference partners for the Second Annual New York City Hotel Forum, at the McGraw-Hill Building in Manhattan on Friday, November 7, 2014. The conference, which included two panels of industry executives, examined the future of the hotel industry in New York City and current development trends. Read more here.
Jack Osborn Receives New York Society of Architects Distinguished Service Award
On Wednesday, November 19, 2014, Jack Osborn was presented with the Distinguished Service Award at the New York Society of Architects Dinner Dance. The award is presented each year to a professional who has made an exceptional contribution to the architecture and construction community in New York City. Read more here.
GNYCUC Presents “Modern Office Design Panel: What Tenants Want”
On Tuesday, October 7th the Greater New York Construction User Council (“GNYCUC”) held a program, “Modern Office Design Panel: ‘What Tenants Want’” at Gensler. John E. Osborn, Esq. serves as the General Counsel to the GNYCUC. The panel featured moderator, Joe Brancato, Regional Managing Principal, Gensler, Joel Brenner, Vice President of Global Project Management, Time Warner, David Biondolillo, Senior Vice President, TD Bank and James V. Cava, Director of Global Planning, Citibank. Read more here.
Environmental Due Diligence and Project Planning in Stormy Times
Jack Osborn and Mark Pennington taught a continuing legal education program at the Firm’s offices on March 4, 2014 entitled “Environmental Due Diligence and Project Planning in Stormy Times.” Jack Osborn is Head of the Firm’s Construction Litigation Practice. Mark Pennington, Of Counsel to the Firm, is the head of its Environmental Practice. Read more here.
The City of New York Abandons the No-Damages-for-Delay Clauses in Construction Contracts — 30 Years After the Kalisch Jarcho Decision
As of December 24, 2013, the City of New York (the “City”) and its various agencies are using a new standard construction contract. Of the several revisions, the most impactful, at least from a contractor’s perspective, is the elimination of the no-damages-for-delay (NDFD) clause. This clause, which had been faithfully used by City agencies and staunchly defended by New York courts for decades, has been an effective tool for owners (public and private) and contractors to shift the risk of additional costs associated with project delays and other time-related impacts onto the respective contractors and subcontractors. Read more here.
The Greater New York Construction User Council Discusses the Continuing Relevancy of Skyscrapers
On October 23, 2013, the Greater New York Construction User Council (GNYCUC) held a panel entitled, Going Higher: The Quest to Dominate the NYC Skyline. John E. Osborn, Esq., General Counsel to the GNYCUC, introduced the program, which explored the ability of developers to maintain relevance in New York City – one of the most competitive real estate markets. The program examined both new construction and the renovation of older buildings. Read more here.
Top Hospitality Industry Executives Discuss the Bright Future of the New York City Hotel Market at the Commercial Observer NYC First Hotel Annual Forum
On October 22, 2013, the Hotel Engineers Association of New York (“HEANY”) and Greater New York Construction User Council (“GNYCUC”) co-sponsored, along with several other industry groups, the first annual The Commercial Observer New York City Hotel Forum at the McGraw-Hill Conference Center. As General Counsel to both of these organizations, John E. Osborn, Esq. helped organize the forum, which was comprised of two panels and three keynote speeches. The panelists examined current trends and shared their ideas about the future of the hospitality industry in New York City. Read more here.
The Hotel Engineers Association of New York Inc. (“HEANY”) Holds Emergency Preparedness Program at the New Yorker Hotel
On Wednesday, October 9th, 2013, the Hotel Engineers Association of New York Inc. (“HEANY”) presented, “Enforcement and Compliance with the New NYC Fire Safety Plan Requirements” at the New Yorker Hotel. The program followed up the group’s March 2012 update on the New York City Fire Code. The program featured Scott Geraghty, Area Vice President/General Manager, Ritz Carlton, Ken Samuelsen, President & Founder, Safety Planning Group, and Captain Joseph Evangelista, of the Fire Department of New York and the Director, Emergency Planning and Preparedness Group, Bureau of Fire Prevention. Read more here.
The Greater New York Construction User Council Examines Development Trends in 2013
Although many cities around the country are still struggling to regain jobs lost during the Great Recession, New York City was able to not only recover all of the jobs lost but also surpass pre-recession employment total employment numbers. This fact and other positive data from various sources gave the dialogue of the Greater New York Construction User Council’s (“GNYCUC”) “Development Trends 2013” program an optimistic tone. John E. Osborn, Esq., who acts as the General Counsel to the GNYCUC, welcomed the audience and introduced the program moderator, Greg David, Director, CUNY Graduate School of Journalism, who served as the editor of Crain’s from 1985 to 2008. Read more here.
Legal Issues Affecting Property Management in Complex Times
Mark Pennington, Of Counsel to John E. Osborn P.C., gave a presentation on hot environmental topics for BOMA/NY on April 11, 2013, as part of a larger panel discussion, “Legal Issues Affecting Property Management in Complex Times.” Joining Mr. Pennington on the panel were Elise G. Leibowitz, Law Offices of Elise G. Leibowitz (leasing); Howard Tollin, Esq., Sterling Environmental Risk (insurance); John B. Simoni, Esq., Goetz Fitzpatrick LLC (construction); and moderator Kenneth K. Fisher, Esq., Cozen O’Connor Public Strategies. Read more here.
The Hotel Engineers Association of New York Inc. Explores the Best Ways to Renovate, Retrofit and Reposition Properties
As many of New York’s magnificent hotels age, keeping up with new technology and trends can be daunting. On Wednesday, March 20th 2013 the Hotel Engineers Association of New York Inc. held a breakfast seminar at the Penn Club, “New Ideas for Your Old Hotel: Renovating, Retrofitting, and Repositioning Properties,” which explored the most efficient and cost-effective ways hotels can complete renovations and keep their hotels up to date. Read more here.
John E. Osborn, Esq. Participates in Dialogue About PlaNYC with Visionary Artist, Mary Miss
On March 13, 2013, John Osborn, in his roles as an attorney, professor and green public policy advocate, participated in a spirited and interactive dialogue before 100 attendees at A Blade of Grass forum called Parallel Fields. Joining Mr. Osborn in the discussion was artist, Mary Miss whose project, Broadway: 1,000 Steps, is a bold initiative to transform Broadway into a “green corridor,” bringing citizens with diverse skills and resources together to shape the structure of the City they live in so that it can become more sustainable and environmentally conscious. Read more here.
Christopher Jaskiewicz, Chief Administrative Office/General Counsel, Gotham Construction, Moderates Panel Discussion about Labor Law 240
On Tuesday, March 12th the Greater New York Construction User Council (“GNYCUC”) held a seminar, “New York Must Fairly Reform the ‘Scaffold Law’ to Help Development, Large and Small Contractors, and Job Creation” at the Scandinavia House. The seminar, which John Osborn, Esq., General Counsel to the GNYCUC, helped organize, examined Labor Law 240, which subjects real estate developers, building owners and contractors to absolute liability for gravity-related accidents. Read more here.
Jack Osborn Receives NPCR Green Shovel Award for Partnership in Community Revitalization
On Thursday, January 31, 2013, the NPCR (“New Partners for Community Revitalization”) honored John E. (“Jack”) Osborn, Esq. with a Green Shovel Award for Partnership in Community Revitalization at their 5th Annual Brownfields Forum, “New Connections,” at the National Grid headquarters in Brooklyn. The program featured panel discussions and examined the latest hot topics such as Brownfield Opportunity Areas (“BOA”) and green energy, brownfield financial incentives and the role of BOAs in post-Hurricane Sandy recovery and rebuilding efforts. Cesar A. Perales, New York Secretary of State, delivered the keynote speech. Other honorees included Sarah Berman, The Berman Group, and Daniel C. Walsh, Ph.D., Director, New York Office of Environmental Remediation. Read more here.
Osborn Launches New Website
The law firm of John E. Osborn P.C. has unveiled its new logo and website in June of 2012. “Our goal was to have the new website have a cleaner and more modern look compared to the old site,” said John Osborn, Managing Partner. “We also wanted the site to be easy to navigate so the visitor can find all the information they need within a few clicks of the home page.”
The Firm hopes the new site will not only attract potential clients but also serve as a resource for the real estate and construction industries. The plan is to post regular updates on legal and other matters that affect these industries. People will also be able to sign up for the Firm’s newsletter and get updates directly in their email and also can connect to the firm on LinkedIn and Twitter through the website.
John E. Osborn P.C. Celebrates 20th Anniversary
The law firm of John E. Osborn P.C. celebrates twenty years of serving the New York real estate and construction industries and design profession in June 2012. John Osborn, Managing Partner said, “The past 20 years were possible because of our clients, friends of the Firm and our employees past and present. When you surround yourself with such talented and dedicated people it makes working such a pleasure. I would like to thank everyone for their support for the past twenty years and I am looking forward to future successes and endeavors.”
On November 2, 2011, John Osborn moderated the Greater New York Construction User Council’s “ConstructionTech2011”, a special technology seminar program for public, private and institutional real estate owners at New York University. The program examined issues relevant to public, private and institutional real estate owners, facility managers, corporate and institutional tenants as well as subcontractors and other construction and design professionals. Participants learned about critical cost-saving, efficiency innovations and productivity strategies for upcoming projects.
Panel discussions included: Facilities Management (FM) for Subs-Creating Value for Owners: Data Ready Facilities and Asset Management (AM). This panel provided an overview of BIM for Facilities Management (FM) and Asset Management (AM) which demonstrates how models are created, stored and used to run a building through its entire lifecycle. Validations in BIM-Design Intent, Means and Methods & 5D Contracting. This panel described the dRofus software, an architectural planning tool utilized in the beginning of the BIM process. Speakers also discussed Statsbygg’s (the “GSA” of Norway) use of dRofus and other software tools to complete a hospital project in Norway.
Getting Ready to Weather the Weather: Protecting NYC’s Critical Commercial Real Estate and Infrastructure from Catastrophic Weather Events
On October 19, 2011, John Osborn moderated a very successful Building Owners and Managers Association of New York (BOMA/NY)’s conference that included a keynote by New York City Council Speaker Christine C. Quinn. “Getting Ready to Weather the Weather: Protecting NYC’s Critical Commercial Real Estate and Infrastructure from Catastrophic Weather Events” feature a practical, hands-on look at how advanced planning can prevent loss of life and diminish billions of dollars worth of damage to critical infrastructure.
The distinguished panel included Mike Smith of WeatherData, an AccuWeather company, Gary Mancini of Thornton Tomasetti, Michael Alacha from the NYC Department of Buildings, and Hani Salama of Monday Properties. Emergency Preparedness plays an important role in mitigating costly damage to buildings, especially in the case of weather-related disasters. A building owner or manager who understands the legal, insurance and structural consequences of catastrophic weather events is in a better position to avoid devastating losses. The prestigious panelists shared first-hand knowledge of the issues and provided attendees with best practices for protecting personnel, commercial real estate, and critical infrastructure.
Fire Department Hot Topics for Hotels: Fire Safety and Evacuation Plan Updates
On July 28, 2011, John E. Osborn P.C. moderated a panel for the Hotel Engineers Association of New York. The program examined how hotels can continue to remain updated on changes to fire code requirements. In addition, the program highlighted the benefits of developing and maintaining good communications with the FDNY in order to avoid costly mistakes and violations that could have been avoided a better awareness of code requirements. Understanding New York Fire Codes and complying with its standards are essential to running a hotel smoothly and ensuring the health and safety of its employees, guests, and visitors. Because the New York Fire Code is constantly being revised, keeping abreast of current requirements is a challenge for every category of buildings, especially hotels.
Don’t Get Dragged Through the Dirt! How to Manage Contaminants in Soils and Debris
John E. Osborn P.C. presented a seminar entitled, “Don’t Get Dragged Through the Dirt! How to Manage Contaminants in Soils and Debris. The program explained how to avoid delays and cost overruns in handling excavated soil and construction debris, such as contaminated soils and debris that can cause costly complications in construction projects. The program also examined how construction project managers can avoid surprises through careful due diligence, site preparation, and a clear definition of roles and procedures.