Industry Overview
The construction industry is facing new opportunities, along with significant challenges, in the upcoming years. New practices in sustainable construction have arisen from the spate of high-profile natural disasters, with additional resiliency requirements being imposed. An uptick in federal infrastructure investment is expected to continue, in addition to projects spurred by new financing options and a loosening of regulatory oversight. A tight labor force will continue to encourage the adoption of technology and offsite construction in order to meet demand. Being prepared to leverage these opportunities will require being able to successfully navigate the new regulatory landscape—while safeguarding contracts and negotiations.
Our Approach
We have built a national reputation for seasoned legal counsel within the most demanding reaches of the construction business. With more than 30 attorneys dedicated to this practice—working alongside specialists in complementary disciplines such as taxation, real estate, energy, and litigation—we are known for the results we achieve for construction clients of all descriptions. Our construction attorneys are continually recognized as first-tier influencers within the industry who have earned the respect of clients, judges, hearing officers, arbitrators, and opposing counsel.
Nationally Recognized
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Tier 1 National Ranking for Construction Litigation and Construction Law |
Newsroom
Contractors, Beware: General Liability Insurers Wrongfully Denying Claims for Damage Caused by Defective Subcontractor Work
February 7, 2024As a contractor, you are familiar with working together with subcontractors — delegating project scope as part of the overall job. However, when a subcontractor’s work is defective, who is liable for the damage?This is not an unfamiliar issue to contractors — more than likely, you have responded to one or more claims that a subcontractor’s work was defective and that the defective work damaged other non-defective project work.
Private Construction Projects Impacted by Changes to NY Prompt Payment Act
April 19, 2024Governor Hochul signed Senate Bill 3539, amending Section 756-a and Section 756-c of the New York General Business Law – better known as the Prompt Payment Act (“PPA”). Because the law can override portions of construction contracts dealing with payment, suspension of work, and dispute resolution, it is critical that construction companies and contractors understand the ramifications of the changes that affect all contracts entered into on and after November 17, 2023. Even inadvertent violations of the law can create liability and lead to penalties and interest accrual.
Cybersecurity Issues on the Rise
April 19, 2024This article was featured in the January 2024 edition of the Utility Contractors Association of New England, Inc.’s Construction Outlook.You are undoubtedly familiar with various types of business email compromise scams, likely because you probably receive several a month. Many of these email scams are easily identifiable.
OSHA Developments
November 1, 2023This article was featured in the November 2023 edition of the Utility Contractors Association of New England, Inc.’s Construction Outlook.As you know, the construction industry remains a major target for OSHA inspections and enforcement.No.
Hinckley Allen Secures Landmark Summary Judgment Decision for a Construction Client in $100M+ Litigation Battle
April 19, 2024In September 2023, Hinckley Allen achieved a monumental victory in securing summary judgment on behalf of a national privately-held construction client (“Contractor”). This triumph was secured on a complex infrastructure project (“Project”) in Miami, Florida, and serves as a testament to the Firm's strategic excellence.Hinckley Allen orchestrated a legal defense that resulted in the pre-trial dismissal of a formidable claim for liquidated damages in excess of $100 million asserted by a Project Owner (“Owner”) in a lawsuit filed in the Circuit Court for Miami-Dade County.
The Growing Threat of Business Email Compromise to Public and Private Construction Projects
September 20, 2023All companies are under increasing threat of cybercrime, especially as it relates to making payments to others. In particular, business email compromise, in which a malicious party targets a business performing a transfer of funds in order to defraud the company, is an ever-growing threat to organizations of all sizes and across all industries. Several forms of business email compromise exist, but such schemes typically involve the use of email – whether a spoofed email or an email from a hacked legitimate business email account– to send fraudulent payment instructions directing payment to…
New York Contractors: Check for Updates to Prevailing Rate Schedules
September 20, 2023New York State Labor Law requires contractors performing work on public construction projects in the State to pay prevailing wages and supplements to designated classifications of workers. Typically, the current prevailing rate schedules in effect at the time of contract are appended to public works contracts. As such, contractors can look to their respective contracts to ensure payment of prevailing rates.
