Representative Transactions And Experience
- Represented various contractors, subcontractors, design professionals and suppliers in hundreds of public and private mechanic’s liens and collection efforts, scores of breach of contract, extra work, delay, trust fund and/or lien foreclosure actions, including prosecuting and defending willful exaggeration of lien claims, prosecuting and defending motions to vacate liens and prosecuting motions to amend liens, as well as extensive efforts to enforce judgments, including garnishing bank accounts and wages and levying on personal property.
- Awarded summary judgment on behalf of architect, dismissing general contractor’s $5MM lawsuit for wrongful termination, negligence, fraud and tortious interference, on the grounds that contractor lacked standing since, pursuant to a general indemnification agreement, it previously assigned all of its rights to its surety. Decision affirmed on appeal.
- Represented multi-national owner/operator of a not-for-profit nursing home facility in two separate proceedings for breach of contract, extra work and delay damages: after achieving dismissal of subcontractor’s trust fund diversion claim and lien foreclosure action, obtained arbitration award of over $3MM against construction management and engineering company, and settled separate claim against architect on eve of arbitration for balance of professional liability policy.
- Awarded summary judgment on behalf of engineer, dismissing contractor’s tortious interference claim. Decision affirmed on appeal.
- Defended construction manager against general construction prime contractor seeking in excess of $9MM for extra work, delay and trust fund claims in connection with a zoo renovation project.
- Defended engineering company against major oil company seeking in excess of $23MM for breach of contract, negligence and breach of warranty, arising from the installation of high voltage, submarine cables running from on-shore power substation to three offshore drilling platforms.
- Defended surveyor in arbitration against construction manager seeking $1.5MM in extra work and delay damages, arising from alleged layout error in connection with an expansion project at a NYC performing arts venue.
- Represented architect on public project in connection with pre-litigation negotiation and resolution of greater than $4MM in changes orders claimed against architect by public owner, as well as downstream negotiation and resolution of the same change orders with engineers whose contracts were held by architect.
- Obtained critical vendor status for subcontractor against bankruptcy-protected contractor, which owed subcontractor in connection with 11 projects.
- Obtained dismissal of personal injury (Labor Law 240/241) lawsuits against construction manager and engineer, which did not direct or control the work.
Transactional (Construction and Real Estate)
- Extensive construction industry contract drafting and negotiation on behalf of owners, construction managers, contractors, trade subcontractors, architects, engineers and suppliers, and familiarity with AIA, AGC and EJCDC form contracts.
- Drafted and negotiated condo offering plans, easements, and commercial real estate and equipment leases and lease-to-buy agreements.
- Represented Seller in connection with stock purchase/sale agreement, by which Brazilian buyer acquired preferred shares of company stock in exchange for a cash payment and 50% interest in a waterfront parcel of land located in Rio de Janeiro.
- Represented Seller in sale of $13MM Manhattan building, comprised of retail, office and residential space.
- Represented more than 100 buyers, sellers and lenders in purchases, sales (including short sales and REOs) and refinances of single and multi-family homes and buildings, SROs, condos, co-ops and vacant parcels of land.
Litigation (Other Commercial)
- Represented record label in connection with breach of contract claim against its artist, and tortious interference claim against business associate of its artist.
- Represented record label in connection with copyright claim against competing record label, recording studio, producers and other individuals, arising out of unauthorized use, recording and sale of copyrighted work.
- Defended architect in litigation concerning claim for copyright infringement.
- Represented engineer in the prosecution of a copyright infringement claim against the project owner by whom its contract was terminated.
Transactional (Other Commercial)
- Represented trading company in connection with a joint venture agreement between US trading company, Italian private bank, Spanish trading company and Brazilian logistics company, concerning the ownership rights in and selling of iron ore, as well as investment and participation in Brazilian port infrastructure development projects.
- Represented US manufacturer in connection with joint venture agreement between US based manufacturer and Brazilian commercial stove and appliance manufacturer, concerning the build-out of an existing manufacturing facility, construction of new coal pelletizing plant and distribution of coal stoves in South American and Central American countries.
- Represented patent holder in connection with licensing agreement between US patent holder and Morocco-based steel fabricator for use of patent, coal stove and clean coal pelletizing manufacturing processes and distribution rights in 13 northern African countries.
- Represented manufacturer in connection with licensing and shared savings agreement between US manufacturer and Brazilian chicken farm, for the license, installation, use, maintenance and updating of an electricity-conserving technology, which guaranteed to reduce farm’s electricity consumption by twenty-five (25%) percent.
- Represented individual in acquisition of tattoo shop, equipment and lease.
- Represented music brand in connection with licensing agreement permitting skateboard manufacturer and skateboard industry clothing company to use music industry/artist brand logo in connection with the manufacture of skateboards, tee shirts and sweatshirts.
- Represented investor in connection with a joint venture agreement between investor and country music artist, for creation, development, promotion and operation of a record label.
- Represented film fund in connection with preparation of business plan for integrated film fund, which included film production, P&A, gaming and product placement divisions.
- Represented recording artist in connection with a licensing agreement between US music recording artist, France-based producer and France-based television production company.
- Represented music recording artist in connection with touring agreement between two music industry recording artists, concerning a 9-week, forty-two city concert tour.
- Represented church in connection with agreement between Brooklyn, NY church and its pastors, concerning the promotion, license, sale and distribution of pastors’ and special guests’ sermons and other presentations recorded during church services.
- Drafted numerous music artist licensing agreements, performance agreements, recording agreements, studio musician agreements and sound engineering agreements.
- Drafted multiple sweepstakes agreements.