I.
Surety Claim And Indemnification
Matters
Syracuse I and Syracuse III Housing Projects, Syracuse, New York.
Represented completing surety in arbitration involving extra, delay and
subrogation claims against developer.
Port Authority Bus Terminal, New York City, New York.
Represented performance and payment bond surety in action against Port Authority
to secure contract funds and indemnity action against indemnitors on General
Agreement of Indemnity.
New York Thruway Authority Sound Barrier Contract, Westchester,
New York. General contractor default on sound barrier project.
Represented performance bond surety.
Westchester County Airport Bunker Project and Runway Installation,
White Plains, New York. Failure to complete and make payments by
general contractor due to problems on other project. Represented surety.
Negotiated job closeout with contract funds released to pay subcontractors.
City of Stamford Train Station Renovations, Stamford, Connecticut.
Failure to complete and make payments by general contractor.
Represented surety. Negotiated settlement with owner and release of contract
balances to pay subcontractors.
Oak Grove Shopping Center, Edison, New Jersey. Defaulted
bankrupt general contractor. Represented performance bond surety in suit brought
by owner/developer.
Federal Court House and Office Building, Philadelphia,
Pennsylvania. Foundation problem resulting in settlement of 24 story
building. Represented performance bond surety for general contractor.
Mahwah High School, Mahwah, New Jersey. Defended general
contractor’s performance bond surety on claims by owner for allegedly defective
and incomplete work by defaulted contractor involving cast-in-place concrete
finishes, roof, tile floors and specialty entrances and electrical snow removal
system. Resolved by award in favor of surety. Negotiated workout agreement
between surety and general contractor’s principals to indemnify surety for
losses on other projects.
Hamilton High School West, Hamilton, New Jersey.
Defective design and construction of outdoor running track resulting in failure
of running surface related to soils conditions and water runoff. Represented
performance bond surety.
1818 Market Street, Philadelphia, Pennsylvania. Defective
work, defective materials, delay and payments. Represented performance and
payment bond surety in extremely complex case.
Retirement Home for the Roman Catholic Archdiocese, Philadelphia,
Pennsylvania. Claim for defective doors brought by owner. Represented
performance bond surety for general contractor.
Route 55 Freeway Construction, Deptford, New Jersey.
Delay and extra claims by general contractor related to unforeseen soils
conditions. Represented financing performance bond surety in completing project
and negotiating collateralized settlement with indemnitors to prosecute claims
litigation against owner. Case eventually tried and won by general contractor
with surety taking major part of judgment to offset losses and payments on
project.
Youngs Road Reconstruction Project, Hamilton, New Jersey.
Defaulted general contractor. Represented performance bond surety and negotiated
settlement with owner in general contractor’s bankruptcy to secure payment of
contract funds to subcontractors or surety. Project completed without litigation
and surety obtained approximately 90% recovery on loss including attorneys’
fees.
Princeton Medical Center Renovations, Princeton, New Jersey.
Default of mechanical contractor. Represented mechanical contractor’s
performance bond surety on claims brought by construction manager and claims by
surety against indemnitors and mechanical contractor who had filed bankruptcy.
Case against surety was dismissed by agreement. Indemnity case settled by
partial payment of loss by only remaining solvent indemnitor.
Southwest Sewerage Treatment Plant Central Building, Philadelphia,
Pennsylvania. Mechanical contractor default by public owner with
contested extra work and delay claims by mechanical contractor. Represented
performance bond surety in case. Developed evidence demonstrating that problems
related to defective design and owner interferences. Surety refused to perform
on bonds and mechanical contractor eventually settled case with public owner.
Northwest Incinerator Plant, Philadelphia, Pennsylvania.
Mechanical contractor default. Represented performance bond surety and developed
evidence that project delays were associated with owner delays in payment
because of dispute over claims attributed to project. Surety refused to perform
and mechanical contractor eventually settled case with owner, without payment by
surety.
Washington Avenue Elementary School, Pleasantville, New Jersey.
Defective masonry and waterproofing work and liquidated damages claims
by public owner against general contractor and performance bond surety.
Represented performance bond surety. Developed evidence showing that Board of
Education acted unlawfully in letting contract and otherwise concealed
information material to the surety’s underwriting risk. The case was eventually
settled; claims against the surety were dismissed without any contribution to
the settlement. The surety secured a 100% recovery for litigation fees and costs
from the bonded principal.
Fischer & Porter Plant, New Roofing Project, Warminster,
Pennsylvania. Defective roof. Defended roofer’s performance bond surety
in case brought by owner against surety and roofing manufacturer. Case against
surety dismissed pursuant to summary judgment motion.
Lavallette Elementary School, Lavallette, New Jersey.
Defective design involving improperly supported slab and incomplete work of
defaulted general contractor. Represented general contractor’s performance bond
surety. Developed evidence of design defects related to missing grade beam in
structural plans. Negotiated "walkaway" settlement for surety for $10,000 of
retainages held by owner.
Belle Vista Senior Citizens Home, Jersey City, New Jersey.
Defective window wall in high-rise. Represented performance bond surety
in multiple-party case brought by court appointed receiver/trustee. Defects
corrected and project completed without costs to the surety out of funds held by
trustee.
Orthopedic Consultants Medical Building, Red Bank, New Jersey.
Defaulted general contractor. Represented performance and payment bond
surety prosecuting subrogated contract balance and extra claims against owner
and defending owner’s counterclaims for defective and incomplete work and delay
damages. Case settled during discovery by payment to surety by owner.
Pennsylvania School of Pediatric Medicine, Philadelphia,
Pennsylvania. Payment bond claims by unpaid subcontractors. Represented
payment bond surety in claims against indemnitors.
Church Home Retirement Community and Hospital, Wilmington,
Delaware. Defective design and construction of sidewalks related to
problem soils conditions resulting in failure. Represented performance bond
surety for design-build turnkey general contractor. Problem corrected and
settled without litigation.
Hankook Tire America Office & Warehouse, Wayne Township, New
Jersey. General contractor default. Represent performance bond surety
in case brought by owner. Case is presently in litigation before a special
master.
Prairie Island Co-Generation Facility, Prairie Island, Minnesota.
Bankruptcy of structural steel fabricator. Represented performance bond
surety for fabricator. Joined all parties in fabricator’s New Jersey bankruptcy
proceeding by bringing adversary declaratory judgment action. Claims against
surety dismissed by agreement in bankruptcy adversary action. All attorneys’
fees and costs paid by personal indemnitors.
Fort Dix Computer Room, Fort Dix, New Jersey. Defended
surety in Miller Act litigation; obtained judgment dismissing claim against
surety after judgment order had been entered enforcing settlement agreement (for
higher amount) against principal who negotiated earlier settlement then failed
to pay it.
Roof Truss Replacement, Naval Weapons Station, Earle, Colts Neck,
New Jersey. Defended and settled multiple payment lawsuits under Miller
Act. Settlement of indemnification claims for about 90% of loss pending.
Atlantic County Fire Training Center, Atlantic County, New Jersey.
Indemnification action. Case turned over to firm by surety after mishandling by
two other law firms and case was dismissed by court. Had case reinstated and
conducted all discovery within 30 day period. Case settled at jury trial.
Road Repaving Project, Wildwood, New Jersey. Case turned
over to firm after being mishandled by another firm. Discovery period had passed
although no discovery had been taken by prior firm. Settled all
delay damages, performance bond claims, and all payment bond claims against
defaulting general contractor for sum equaling approximately 50% of one of the
payment bond claims. Summary judgment motion on the indemnity claims is pending.
Roof Remediation, River Dell High School, River Dell, New Jersey.
Defective roof claim brought by school board against surety, architect
and material manufacturer. The bonded roofer was in bankruptcy. Case dismissed
with prejudice after surety proved school board was aware of defects causing
failure but had used contract retainages for other projects without correcting
conditions. Obtained judgment against indemnitors for fees and costs of
defending action.
II.
Representation in Project Completion and Takeover Matters
United States Postal Service Main Postal Distribution, Facility, New York, New
York. Defaulted and bankrupt electrical contractor. Represented general
contractor. Negotiated completion agreement with electrical subcontractor’s
performance bond surety for takeover and completion of project. Project
completed without litigation.
New York Transit Authority Environmental Cleanup Contracts,
Various Sites. Multiple default situation by contamination cleanup
contractor who filed bankruptcy. Represented performance and payment bond surety
on about 10 projects. Negotiated or secured turnover orders for project funds
under auspices of bankruptcy court which were used to offset payment bond claims
filed against surety.
Pennsylvania Convention Center Project, Philadelphia,
Pennsylvania. Fire protection subcontractor default. Represented
financing performance bond surety in completion of work and prosecution of
indemnity claims against indemnitors on General Agreement of Indemnity. Project
completed. Indemnity claim settled in connection with dismissal of bankruptcy
action filed by corporate and personal indemnitors.
Liberty Village Housing, Edison, New Jersey. Defaulted
general contractor. Represented surety in negotiations of takeover agreement and
completion efforts. Project completed without litigation despite owner’s claims
for defective and incomplete work.
Einstein Medical Center, Philadelphia, Pennsylvania.
Default of mechanical contractor by general contractor. Represented mechanical
contractor’s performance bond surety in negotiating completion agreement with
general contractor using the bonded mechanical contractor after the default was
lifted. Project completed without litigation.
Fire Training Center, Mercer County, New Jersey. Default
of general contractor by owner. Negotiated takeover agreement with owner and
hold agreements with subcontractors for general contractor’s performance bond
surety. Negotiated construction of new trunk water main with local water company
to obviate litigation with county when adjacent homeowners complained that
delayed construction of catch basis on project destroyed local private wells.
Project completed without litigation despite other multiple prime contractors’
allegations of claims for delay damages.
Newark Scattered Site Housing, Newark, New Jersey.
Default of general contractor. Negotiated takeover agreement with owner for
performance bond surety and drafted completion agreement with completing
contractor. Represented surety in conjunction with post-completion claims for
extras and payment by owner and counterclaims by owner for delays and defective
work relating to work of defaulted bonded principal and completing contractor.
Case settled in surety’s favor by payment by owner.
Mount Pocono Shopping Center, Site Work Subcontract, Mt. Pocono,
Pennsylvania. Claims for contract balances, extra work and delays.
Represented sitework subcontractor in prosecution of claims against
owner/developer and defense of subcontractor and its performance bond surety on
claims for defective work and delays made by owner/developer. The case was
litigated as an adversary action in the subcontractor’s bankruptcy. Settled by
the subcontractor’s general liability carrier for nuisance value.
Burlington County Detention Facility, Burlington, New Jersey.
Defaulted general contractor. Represented completing surety in claims by
completing contractor and delay related claims by owner for backcharges,
additional architect’s fees and other similar extra costs at end of project.
Settled without litigation for monetized amount of punchlist.
Colonial Square Housing Project, Edison, New Jersey.
Defaulted general contractor. Represented performance bond surety in negotiating
takeover and hold agreements. Project completed without litigation despite
owner’s claims for defects and delays.
Hampton Valley Apartments, Newark, New Jersey. Defaulted
general contractor. Represented performance bond surety in negotiating takeover
and hold agreements and additional alleged extra costs claims made by City.
Project completed without litigation.
United States Postal Service Distribution and Postal Facility,
Princeton, New Jersey. Defaulted general contractor. Negotiated
takeover and hold agreements for completing performance bond surety. Project
completed without litigation.
New Monmouth County Library, Freehold, New Jersey.
Defaulted general contractor. Negotiated completion, hold and takeover
agreements on behalf of surety. Negotiated post-completion claims of owner,
architect and design consultants. Project completed without litigation.
New Mercer County Libraries Project, Mercer County, New Jersey.
Default of general contractor by owner. Negotiated takeover agreement with owner
for general contractor’s performance bond surety. Project completed without
litigation related to bond.
Pinelands Library, Medford, New Jersey. Defaulted and
bankrupt general contractor. Represented completing performance bond surety.
Negotiated completion and takeover agreements. Project completed without
litigation.
New Police Administration Building, Pine, Hill, New Jersey.
Defaulted general contractor. Represented completing surety. Negotiated
completion agreement. Project completed without litigation.
Port of History Building, Philadelphia, Pennsylvania.
Defaulted general contractor. Represented completing performance bond surety in
negotiation of closeout of project.
Medical Service Squadron Facility, McGuire A.F.B., New Jersey.
Defaulted general contractor. Negotiated completion agreement for
completing surety with Corps of Engineers. Project completed without litigation.
Prosecuted indemnity case against indemnitor principals to judgment, but
indemnitors filed for bankruptcy before the judgment could be satisfied.
Murray Hill Pump Station Replacement Project, East Rutherford, New
Jersey; Holmdel Pump Station Repair Project, Holmdel, New Jersey; Independence
Pump Station Project, Independence, N.J. Contract defaults and payment
bond claims involving same principal. Proved that alleged subcontractor payment
bond claimant was secret joint venturer with bonded principal. Secured dismissal
of payment claims and obtained injunctive order from New Jersey Chancery Court
ordering both principal and claimant to complete projects with all contract
payments subject to approval of law firm.
Sewerage Treatment and Flood Control Project, Luzerne,
Pennsylvania. Defaulted general contractor, defective specifications,
completions and extras. Represented performance bond surety in relation to
completion of sewerage treatment and flood control project. Developed proof that
failure of 54" main flood control reservoir was due to poor soils investigation
in design stage and failure of field engineer to detect obvious poor condition
in the field when he authorized the emplacement of the reservoir.
Sewerage Treatment Facility, Forty-Fort, Pennsylvania.
Defaulted general contractor. Represented performance bond surety in completion
efforts. Prevented discharge of indemnitor/principal in bankruptcy by developing
evidence which showed that principal and completing contractor had conspired to
defraud the surety by moving equipment from job to job.
Technical Equipment Shop Parking Lot Construction, Fort Monmouth,
New Jersey. Failure of parking lot due to poor soil conditions and
furnishing of non-conforming sub-base. Represent performance bond surety.
Currently in litigation.
Geick Park Reconstruction, Old Bridge, New Jersey.
General contractor bankruptcy. Represented performance and payment bond surety.
Negotiated settlement with owner and payment of contract balances in court to
satisfy subcontractor claims. Surety’s subrogation and indemnity recovery is
approximately 97% of any loss including costs and attorneys’ fees.
III.
Contractor Representation
IBM Office Building, 55th and Madison Avenue, New York, New York.
Defaulted electrical subcontractor. Represented general contractor in suit
against electrical subcontractor’s performance bond surety who refused to
complete and 15 re-insurers. Case settled in general contractor’s favor during
discovery.
Hope Creek Nuclear Power Plant, Salem, New Jersey.
Defective materials and specification problem. Represented painting
sub-contractor in claims for payment and extra work claim against utility owner,
paint manufacturer and construction manager and defended counterclaims for extra
costs, corrective work and delays. Demonstrated that painting failures were due
to ambiguous specification and defective products. Case settled during
discovery.
Scott Paper Equipment Painting Project, Chester, Pennsylvania.
Represented painting contractor. Scope of work dispute between painting
contractor and owner. Case settled after the complaint was filed when we
demonstrated to the court during initial conference that the surface blast
required for the product specified was inconsistent with the contract
limitations on the blasting products which could be utilized.
Ikea "Incredible Universe" Project, Elizabeth, New Jersey.
Contract negotiation. Represented excavation subcontractor on project
built over contaminated site. Participated in negotiation and drafting of
subcontract.
Deborah Heart & Lung Center, Browns Mills, New Jersey.
Design defect and incorrect soils information case. Represented general
contractor in prosecuting claims for extras and delays against owner. Case
settled in favor of general contractor during arbitration hearings when we
demonstrated that the contract soil boring logs did not accurately represent the
observations in the field boring logs.
The Benedictine Abbey of Newark, Athletic Facility, Mahwah, New
Jersey. Multiple claims case involving bankruptcy of general
contractor. Initially represented unpaid subcontractor and subsequently
represented Reorganized Debtor in wrapping up the Bankruptcy Estate and
completing all litigation related to Reorganization Plan.
The Trump Castle, Atlantic City, New Jersey. Defaulted
mechanical contractor. Represented mechanical contractor’s payment bond surety
on claims against bond by ductwork subcontractor for extra work and delays.
Chestnut Hill Hospital, Philadelphia, Pennsylvania. Scope
of work contract dispute involving counterclaims for defective work. Represented
general contractor. Arbitration award in favor of contractor against owner.
Cathedral Village, Hospital and Retirement Home, Philadelphia,
Pennsylvania. Delay damages claim against owner and counterclaim for
delays, incomplete work and extra costs. Represented general contractor.
Arbitration award in favor of general contractor.
CIGNA Eagle Lodge Conference Center, White Marsh, Pennsylvania.
Extra work and delay damages case. Represented general contractor in connection
with prosecuting claims against owner and defending claims by dry wall
subcontractor. Case settled by owner’s payment of general contractor’s and
subcontractor’s claims.
Ewing Shopping Center Project, Ewing Township, New Jersey.
Claim for unpaid balances and extra costs. Represented general
contractor in arbitration against owner/developer in prosecution of claim for
payment of contract amount and in defending counterclaims for alleged incomplete
work and defects. Award in favor of general contractor.
Hamburg State Hospital, Hamburg, Pennsylvania. Extra work
and delay claims. Represented general contractor in prosecution of claims
against owner. Case settled shortly after we demonstrated that the architect had
been terminated by the public owner because the plans and specifications were so
poorly prepared.
Our Lady of Lourdes Hospital, Camden, New Jersey. Alleged
mechanical contractor default by general contractor. Represented principals of
mechanical contractor on claims against indemnitors brought by completing
surety. The indemnity action was resolved without litigation by showing that the
surety had acted precipitously, that the surety’s investigation was insufficient
and that the alleged problems relating to the default were not the
responsibility of the mechanical contractor.
Doylestown Memorial Hospital, Doylestown, Pennsylvania.
Construction failure case. This was a Surabond/Durabond defective brick panel
case. Represented general contractor. Settled.
Renovations and New Work, Simpli Skandii, Princeton, New Jersey.
Claim for extra work, delays. Represented general contractor in
prosecution of claims under tenant fit-up contract and defending tenant’s claims
for defective and incomplete work and delays. Arbitration award in favor of the
general contractor and dismissal of the tenant’s counterclaims.
Warren County Pollution Control Facility, Warren County, New
Jersey. Sealed landfill project. Represented general contractor in
prosecution of contract balance, extra work and delay claims against owner and
defense of owner’s defective work and delay counterclaim and claims for extras,
delays and subcontract balances by subcontractor. Pursuant to negotiation, case
was tried before a Special Master appointed under aegis of the United States
District Court. One deposition lasting two days was taken for the pre-trial
discovery. Award in favor of general contractor on all counts of the claims and
the counterclaims.
AT&T Energy Conservation Facility, Basking Ridge, New Jersey.
Claims for unpaid contract balances and extra work. Represented general
contractor in prosecution of claims against developer and defense of claims for
defective work, delays and the like. Obtained judgment at trial for full amount
of the claim and attorneys’ fees for defense of spurious counterclaims by
developer pursuant to vexatious claims statute.
Princeton Forrestal Village Shopping Center, Plainsboro, New
Jersey. Claim for contract payment. Represented unpaid excavating
sub-contractor in action against construction manager and owner/developer. Case
settled after suit was initiated and general contractor’s "pay-when-paid" motion
to dismiss was filed.
Rutgers University Dormitory and Office Renovation Project, Queens
Campus, New Brunswick, New Jersey. Dispute regarding terms and scope of
work in design contract. Represented design architect. Settled for payment for
work performed and cancellation of contract without litigation.
IV. Owner/
Project Manager/ Developer Representation
Wheat Fractionalization Plant, Keokuk, Iowa. Default of
general contractor by project manager/developer. Represented project manager in
negotiating takeover agreement with and financing by surety of defaulted general
contractor to complete project.
Dallas - Fort Worth Airport, Dallas Texas. Various
claims. Represented construction manager. Cases settled.
Raleigh - Durham Airport, Raleigh, North Carolina.
Various claims. Represented construction manager. Cases settled.
Acme Market and Shopping Center, Wilmington, Delaware.
Lease dispute involving unlawful work and long term lease. Represented owner.
Case settled by agreement to terminate long term lease after we put owner into
chapter 7 bankruptcy and we brought adversary action against tenant for waste of
the leasehold.
Sewerage Treatment Plant for the Hills Company, Bedminister, New
Jersey. Represented owner/developer. Drafted contract, reviewed plans
and specifications for legal sufficiency and negotiated contractor claims for
extras and owner’s counterclaims for delays with general contractor and
contractor’s surety. Project completed without litigation.
PAT Center, East Windsor, New Jersey. Represented owner.
Drafted design and construction contracts and reviewed plans and specifications
for legal sufficiency. Project completed. Represented owner in claims against
general contractor and roofer for defects in roof construction. Case settled by
insurance carriers.
The Hills Development, Bedminister, N.J. (Various cases).
Handled all construction contract drafting and negotiations with utilities and
all construction related litigation for the Hills Development Company between
1981 and 1986.
G.E. Satellite Systems Facility, East Windsor New Jersey.
Tax Appeal. Negotiated substantial reduction in tax assessment of satellite
construction facility by establishing that "clean room" and other specialized
fixtures constituted personal property not assessable realty.
Old Bridge (South Bay) Sewerage Improvement Facility, Old Bridge,
New Jersey. Dispute between County utility authority, design engineer
and local municipalities involving responsibility for substantial cost overruns
on sewer project. Successfully obtained agreement by all parties to try issues
through ADR "Special Master" hearings since litigation would have been
prohibitively expensive. Final briefing and written summations just submitted to
Special Master, who has not yet rendered a judgment.
Puerto Rican Utilities Authority Fossil Fuel Power Generation
Facility, San Juan, Puerto Rico. Delay claim case
involving claims for delay and defects by project owner and counterclaims by
Japanese design-builder for delays and contract extras. Represented project
owner. Case settled after extensive discovery.
Oil Distribution Facility, Hightstown, New Jersey. New
Jersey Spillage Act case. Represented oil distributor in case against lender
bank, prior refinery owner of facility and others. Case settled during discovery
for an amount sufficient to remediate site.
Special Area Management Plan, Hackensack Meadowlands, New Jersey.
Represented developer in political and administrative processes to
defeat regional environmental and land use program which targeted developer’s
holdings for non-economic use.
V. Construction
Accident And Defective Construction Litigation
Roosevelt Senior Citizen Housing, West Plainsboro, New Jersey.
Design defect case involving catastrophic failure of solar heating system.
Represented architect/designer. Case settled for nuisance value of unpaid
architect’s fees of $5,000.
Historic Preservation and Rehabilitation Project, Philadelphia,
Pennsylvania. Wrongful death litigation arising out of the collapse of
townhouses in Philadelphia which were to be renovated as demonstration project.
Successfully defended architect by arguing contractual immunity and that cause
of collapse was failure of builder’s inspectors and demolition contractor to
enforce instructions for removal of debris from interior floors.
Medford Convalescent Home Medical Facility, Medford, New Jersey.
Roof failure. Represented inspecting architect on E&O policy in case
brought by owner/developer against general contractor, roofing subcontractor,
roofing manufacturer and design architect. Settled for nuisance value during
selection of jury by showing that owner/developer knew of condition prior to
final inspection but concealed information from inspecting architect in order to
draw down balance of federal and state funding grants for construction of the
project.
Montgomery Estates Development, Montgomery Township, New Jersey.
Construction defects case. Represent purchasers of large custom homes in
$600,000 range in claims for shoddy and defective construction and failure to
follow the applicable building codes and the plans and specifications. Claims
are against the developer, the architect, the realtor and various subcontractors
and suppliers. Case is currently in litigation. Recently obtained an arbitration
award against the developer and an Appellate Division decision holding that an
architect can be held liable under New Jersey’s Consumer Fraud Act if he is in
collusion with the builder.
Private Home, Berwyn, Pennsylvania. Defective and
unlawful construction. Represented homeowner in defense of claims for alleged
extras and unpaid contract amounts by general contractor for renovations and
counterclaims for defective and incomplete work and work performed contrary to
local building codes and ordinances. Consent dismissal by both parties after one
day of arbitration.
Peddie School Arts Center, Hightstown, New Jersey. Claim
for extras related to correction of structural wing wall which failed and other
errors and omissions in the plans and specification. Represented general
contractor. Judgment for general contractor after 3-day jury trial.