Pardalis & Nohavicka, LLP represents General Contractors, Sub-Contractors, Developers, Owners, Engineers, Architects and Sureties in disputes arising on both private and public projects (SCA, MTA, OGS, HPD, NYCEDC, etc.). Our team also assists clients in construction contract drafting and negotiation.
Litigation
Our Construction Law litigation attorneys offer a wide variety of in depth knowledge in the industry. Partner, Taso Pardalis prior to becoming an attorney grew up in the construction business and has worked in a variety of construction related positions including simple union laborer, scaffold worker, estimating, submittals and progress scheduling and office manager for 3 different organizations.
Most construction cases focus on breach of contract claims. Our team of construction experts is currently litigating on breach of construction contract issues including owner failure to pay, general contractor failure to pay sub-contractor, termination with cause, termination without cause, defective work, quality of work, project delay claims, change order claims, increased costs claims, defective design, defective specification, unforeseen conditions.
Mechanics Liens
Our attorneys are also experts in The Mechanics Liens Law and the prosecution and defense of Mechanics Lien claims. A mechanics lien is a security interest in the title to real property for the benefit of those who have supplied labor or materials for the improvement of the real property. Mechanics liens are enforced through judicial foreclosure proceedings seeking to enforce the lien.
Our construction litigation team are New York Lien Law experts and can assist clients with lien filing, lien foreclosure, lien removal, lien extinguish, verification of lien and exaggeration of lien claims.
Construction Contracts
Good contract drafting and negotiation can save many a project. Often construction contracts are overly complicated and contain many provisions that can be adverse to a clients interest. Our in depth understanding of on-site realities allows us to apply real world technical field knowledge in the preparation or review of your agreement. Our attorneys assist clients with contract drafting, negotiation, contract review and often appear on behalf of our clients at mediation and arbitration.
Leed Litigation
Most recently, developers, architects, designers, engineers and contractors are advertising themselves and their work as LEED or LEED AP Certified. As a result owners and developers are more regularly contracting to design and construct “Green” or “LEED” certified buildings. In these situations the owner will contract with and pay a premium to a party who promises to achieve a certain “LEED” status or classification (e.g. LEED Gold or LEED Platinum).
Additionally owners expect certain financial benefits or returns for achieving the envisioned status. Often the desired status cannot be achieved and an owner is left with a much higher cost of construction and overall operational cost than originally contemplated. Insurers are not yet offering coverage on these issues. Our firm is at the forefront of these issues and intimately understands the details of complex LEED litigation and will assist you in pursuing these matters.
Below are links to recent articles and cases by our firm with respect to the construction law:
Joseph D. Nohavicka and Taso Pardalis article in The New York Law Journal on high court split with respect to construction contract “pay when paid” provisions