At Kaufman Dolowich & Voluck, LLP (KDV) we believe that developers and contractors are well served by our different practice areas of the firm. In our experience, we have found that law firms rarely offer developers and contractors legal services in the fields of both construction law, and labor and employment law all under one roof. The fact that we offer a comprehensive range of services to developers, general contractors, construction managers, subcontractors, architects, engineers and other design professionals is one of the reasons why KDV has been able to grow.
Unlike other law firms, KDV's proactive approach allows the firm to offer a developer thoroughly crafted contracts that better protect the developer in case of construction disputes. For instance, our contracts include provisions for termination for convenience, liquidated damages, and notice provisions as conditions precedent for extra work claims and time extensions, which are not included or, if included in the pre-printed form of contract, are insufficient to protect the developer. We also make sure that day in and day out, you're provided with the advice, as needed, regarding contractual disputes and labor law issues that arise during the construction of a project.
Issues arise throughout each and every construction project. For example you must ask yourself, is work the contractor asked to perform included in the scope of the contract? Will delays to the project entitle a contractor to an extension of time to complete the job? These questions are not only asked on the job, but also in the courtroom. Also, before hiring an attorney to draft construction contracts or represent you in construction litigation, you should ask him or her a number of questions. How many times have they drafted such an agreement without having to refer back to pre-printed forms? How many times have they represented a party in a construction dispute? A great construction lawyer should not only have the depth and knowledge of construction law, but also knowledge of the construction process in itself.

To reiterate, many law firms do not realize that construction law and labor law go hand in hand. Hypothetically, let's say you are building a project using a non-union labor force. Out of nowhere, a few union locals stop by and decide they want to stir up some bad press by picketing in front of your job site. Is your representing attorney aware to inquire as to whether the union is picketing for recognition to inform the public that union labor is not being used and there is no union contract, or picketing to inform the public that the contractor is not paying area standard wages? The answers to these questions will determine how long the union may picket and whether it can interfere with deliveries to the project site. A great attorney should know if an injunction would be granted by a court or the National Labor Relations Board (NLRB); does yours?

At KDV, we take pride in the fact that we can service both developers and contractors with all of their construction law, and labor and employment law needs. Our attorneys have more than 22 years experience in both areas handling cases of all sizes. Whether the need is for a construction contract, advice during construction in order to avoid or resolve a dispute, the need to maintain construction in the face of a labor dispute, or post-project litigation, we have a number of attorneys who concentrate on these issues daily. Each and every developer and contractor should ask themselves; does my attorney deal with the issues and practice in these areas each and every day? If not, speak with KDV. At Kaufman Dolowich & Voluck, LLP, not only is a partner present in the beginning, but throughout the entire process ensuring that, whatever the claim, our commitment to excellence and determination for success is upheld.


Andrew Richards, Esq., is a partner for Kaufman Dolowich & Voluck LLP, Woodbury, N.Y. Tags: