Herrick's Construction and Development practice is made up of an interdisciplinary team of sophisticated real estate deal makers and litigators with decades of experience handling construction matters of all kinds across the U.S. Our team specializes in working with corporate and institutional owners and developers in transactional and dispute-related construction matters. 

We advise owners, developers, contractors and other professionals on all facets of construction law, including agreements with architects, engineers, general contractors, owner’s representatives and construction managers; general counseling and advisory; risk management and insurance counseling; construction license agreements with neighboring properties; and construction loan drafting and negotiation.

Our construction litigators are tenacious advocates, who work seamlessly with the lawyers in our 60+ member real estate department and the members of our specialized land use and zoning team to further our clients' business objectives. That tight integration helps us devise intelligent strategies for an efficient resolution of the matter at hand, including construction defect disputes, insurance disputes, Mechanic’s Lien disputes, and judicial access license litigation falling under New York State’s Real Property Actions and Proceedings Law.

Throughout the COVID-19 pandemic, the Construction and Development Practice has been advising clients on matters pertaining to delay issues with owners’ contractors, tenants and lenders as valued members of our clients' business continuity teams. Working in conjunction with Herrick's Commercial Finance and Lending and Commercial Leasing groups, we have partnered with our clients to guide them to the most advantageous outcomes for their current challenges.

Areas of Focus:

  • Construction management, architect and other professional agreements
  • Construction financings
  • Construction access agreements
  • Regulatory
  • Change orders
  • Bid disputes
  • Defect and delay claims
  • Insurance disputes
  • Lien filing and priority issues under New York's lien law
  • Martin Act and related investigations by New York’s Attorney General
  • Condominium board and unit owner complaints
  • Climate Mobilization Act
  • Zoning and land use
  • Government relations
  • Alternative dispute resolution and mediation