Attorney Spitalnik establishes new practice, The Law Office of Joshua Spitalnik, P.C.

Joshua Spitalnik, Law Office of Joshua Spitalnik, P.C.

Port Washington, NY Joshua Spitalnik, a construction and commercial attorney, has established his new practice, The Law Office of Joshua Spitalnik, P.C. The office provides legal and litigation services to contractors, subcontractors, surety companies, real estate owners, architects, and engineers in New York City and throughout the greater New York area. Spitalnik offers his clients more than a decade of legal experience focused almost exclusively on construction-related litigation, business operations, and disputes.

He has also served as a senior construction purchasing assistant for a major international entertainment and real estate company.

“Unlike many other lawyers who handle construction matters as part of their larger commercial practices, our office focuses extensively on construction clients and the legal issues associated with performing complex building projects,” said Spitalnik. “We have extensive experience in drafting and negotiating construction contracts; preparing claims against agencies and owners; terminating subcontractors; defending clients in prevailing wage, OSHA, EPA, RICO, EEOC, and MBE compliance claims and investigations; as well as successfully litigating against wrongful terminations on behalf of contractors.”

In addition to construction-related litigation and legal dispute services, the office assists its architecture, engineering, and construction (AEC) industry clients with business support services, including corporate formation partnership and LLC agreements, buy-sell agreements, business dissolution and partnership disputes, breach of contract and fiduciary duty claims, arbitrations, and mitigations. Additional information on the practice is available at www.spitalniklaw.com.

Spitalnik received a B.S. degree from Cornell University in 1999 and graduated from Brooklyn Law School in 2005. Prior to establishing his own practice, he served as an associate for Cohen & Krasner, performing construction law and commercial collection, and was a partner at the Law Offices of Melvin J. Kalish, PLLC, representing construction clients nearly exclusively. From 1999 to 2002, he worked as a senior construction purchasing assistant at Loews Cineplex Entertainment, handling purchasing operations and logistics for new movie theaters. 

Spitalnik is a frequent lecturer on construction law, commercial law and women and minority business enterprises (M/WBEs), including seminars for New York City Small Business Services Building Bonding Capacity workshop, Metropolitan Transportation Authority Small Business Mentoring Program, SoBro (South Bronx Economic Development Corp.), LaGuardia Community College PTAC (Procurement and Technical Assistance Center), Nassau County Department Office of Minority Affairs, and numerous other organizations.

His case portfolio includes:

Prosecuting a breach of contract action on behalf of a general contractor against the New York City School Construction Authority. Following a 15-day trial, judgment was entered in favor of Spitalink’s client for nearly $2 million.

Obtaining summary judgment in favor of a masonry subcontractor against a general contractor. The approximately $550,000 judgment was upheld on appeal.

Successfully representing an electrical contractor in a partnership dispute before a three-member AAA panel under the construction industry rules. Following seven days of hearings, obtained an award of approximately $600,000, including a determination that the opposing partner breached its fiduciary duty.

Obtaining summary judgment in favor of an electrical contractor client, judgment creditor, for fraudulent conveyances with actual intent to defraud in Federal Court by the judgment debtor.

Successfully obtaining a pre-answer dismissal of a RICO claim in Federal Court.

Conducting a six-day trial on behalf of a construction manager relating to the owner’s failure to pay amounts due and owing, resulting in a judgment in favor of the construction manager.

Winning summary judgment dismissing prevailing wage claims brought by a class of plaintiffs.

Representing project developers in a joint venture dispute relating to the failure by the managing partner to pay proper distributions to Spitalnik’s clients upon dissolution, which was successfully settled during mediation.

Representing a mechanical subcontractor in a claim against a general contractor and a surety company to recover monies under the payment bond, wherein the bonding company ultimately paid Spitalink’s client following completion of discovery.