Construction Law Experience
New School Construction: Putting a Failed Project Back On Track
A Long Island school district embarked upon what was to be an approximately one-year project involving the construction of a new three-story school building connecting two existing school buildings (which were also going to be extensively renovated). By the time Osborn was retained: four years had passed, the project was still incomplete, a significant number of defects had come to light, a number of the original project team members (trade contractors and the original construction manager) had been defaulted or left the project, a new construction manager had been retained, and the original architect had entered into a new agreement with the district to complete the project. Our Firm was charged with ensuring that the project was properly completed and investigating the prior failures to recover damages from the responsible parties. We were instrumental in disengaging and replacing the original architect and retaining a replacement construction manager. The new team worked together to successfully complete the project. Our Firm worked closely with the New York State Education Department (“SED”) to ensure that the project, which was not initially in full compliance with SED requirements, was performed (and all paperwork was completed and approved) as required by the SED – and in such a manner as to maximize state aid. Project completion was successfully achieved, the project was successfully closed out with the SED (in a manner that achieved maximum state aid), and Osborn was instrumental in settling the lawsuit for errors, omissions and construction defects for $2.5 million on behalf of the school district.
Manhattan Condominium Terrace and Balcony Repair Program
A Midtown Manhattan condominium building experienced significant cracking in its balcony and terrace walls. The condominium association began a $5.5 million repair program and commenced a lawsuit against the sponsor of the project, to recover the cost of the repairs. John Osborn, representing the sponsor of the project, while a partner at a prior firm, engaged an architectural and engineering team to investigate the problem, assess culpability and design, and formulate an effective repair program. A successful result was achieved as the repairs were successfully carried out and the cost was borne by the original construction manager, contractors and architect.
Troubled Elder Care Facility Project: Osborn Teamed With Owner's Representative
to Complete Project and Settle Claims
A newly constructed, elder care facility in Westchester County was significantly delayed, and serious design and construction problems stood in the way of completion. The construction manager was unable to coordinate the work, resolve problems on the project, or effectively manage the trade contractors. The architect/engineer team had provided poor project administration and committed a number of design errors. When Osborn was retained by the owner, the project was languishing and the parties were heading toward litigation. The Firm and the owner's representative worked together to trouble-shoot existing problems, uncover defects, and complete the project. Because the construction manager was unable to effectively manage the project, the Firm and the owner's representative managed the work and negotiated payments directly with each of the trade contractors. Without resorting to litigation, Osborn was able to keep the construction manager and architect/engineer team engaged on the project as necessary to complete the work, and negotiate final settlements with the construction manager, the architect and all trade contractors.
Dismissal of Action Against School District by Construction Contractor
When a contractor on a construction project for a school district commenced an action against the district to recover alleged damages for unsubstantiated extra work, Osborn convinced the plaintiff contractor (through opposing counsel) to voluntarily discontinue the action with prejudice for failure to commence its action within the time required by applicable statute. When the claim was initially raised (during the project) our Firm, working with the district’s construction consultants, documented the claim denial in such a manner as to clearly establish the accrual date of the claim. As a result, when the litigation was commenced in an untimely manner there was unequivocal documentary evidence establishing the same. The voluntary discontinuance of the contractor’s action was achieved in a cost effective manner via numerous conversations with opposing counsel (regarding the district’s legal position relating to the statute of limitations and the underlying lack of substantive merit to the contractor’s claim), and without resort to motion practice or otherwise responding to the complaint.
Core Drilling Delays Dorm Project
When the architect failed to make arrangements for HVAC and plumbing penetrations to be manufactured into pre-stressed concrete of a dormitory, causing delays and significant cost overruns to the HVAC subcontractor, John Osborn, while an associate at a prior firm, proceeded to trial and recovered a $500,000 jury verdict on behalf of the HVAC subcontractor against the general contractor.
New York City University Pipe Insulation Failure Causes Damage to New Dormitory Building
When a Manhattan University experienced over $1 million in damage to its brand new dormitory building, Osborn worked with the university and construction manager in developing a remediation plan to make the necessary repairs to the building.
Extensive Repairs & Payments for Carbon Monoxide Incident
Carbon monoxide contamination from a dormitory’s modular boiler system sent a number of students to the hospital. Osborn oversaw the extensive required repairs and pursued the manufacturer, engineer, design/builder, marketing and maintenance companies to pay.
Defended Challenge to Ulster County Town Hall Bid Award
When the low bidder on an Ulster County town hall project failed to provide required paperwork, Osborn worked with the town in rejecting the low bidder. Once the low bid was rejected, and the award made to the second-lowest bidder, the general construction contractor challenged the award and Osborn successfully achieved dismissal of the Article 78 proceeding under which the contractor sought to set aside the award to the second lowest bidder.
Downtown Residential Development – Temporary Restraining Order Dissolved
When a 50-story $250 million residential project in Lower Manhattan was halted by a Temporary Restraining Order initiated by an adjacent property owner and a Stop Work Order issued by the New York City Department of Buildings, Osborn stepped in and, within 48 hours, arranged for the lifting of the Temporary Restraining Order and the rescinding of the Stop Work Order. The solution was reached by retaining a prominent engineering firm and immediately working with the adjacent property owner and the New York City Department of Buildings to assure that no structural damage had been or would be experienced.
Integration of Monitoring Technology Into Waste Water Plants
When a national corporation contracted with the City of New York to provide monitoring technology for its wastewater plants, the City defaulted in its obligation to provide access to the buildings in which the technology was to be installed. As a result, a 2½ year job lasted 8 years. In a 6 week trial, John Osborn while an associate at a prior firm, obtained a jury verdict on behalf of the national corporation for $1.5 million, the entire amount of the cost overruns.
Library District Recovers for Water Damage Caused by Contractor
When an Ulster County library suffered significant water damage during a roof repair project, the library district turned to Osborn to recover the cost of repair through litigation. Successful Article 78 Challenge of New York City Board of Education finding Plumbing Contractor Not Responsible When the New York City Board of Education found the low bidder not responsible, John Osborn, as a partner at a prior firm, challenged the finding as arbitrary and capricious and obtained a court determination setting aside the finding.
Systemic Problems Solved at New Jersey Condominium Complex
When construction was completed on a luxury residential condominium building overlooking the Hudson River, numerous design and construction problems surfaced in many systems. As the owner’s attorney, while a partner at a prior firm, John E. Osborn oversaw a new design and construction team and solved each of the building problems. We then obtained full recovery of costs incurred through a lawsuit against 12 parties; the lawsuit was resolved through mediation without taking a single deposition.
Owner Recovers Damages Due To Façade Errors, Omissions and Construction Defects
Osborn, on behalf of the owner of a Manhattan high-rise office building, commenced a law suit against an architect and restoration contractor arising out of a comprehensive façade inspection and restoration in which the architect’s design contained errors and omissions and the contractor’s work was defective. In this case, our client, the building owner, received a significant settlement amount from the architect and contractor.
Changed Conditions Do Not Deter Construction of Group Practice Office
Doctors on Long Island embarked on construction of an office for their group practice. When the excavation contractor encountered unanticipated rock, it appeared that the project would have to be abandoned due to inadequate funds to address the changed conditions. Osborn solved the problem by hiring an engineering expert to redesign the foundation and by negotiating with the excavator to keep its original price, thereby allowing the project to be completed on budget and on time.
Delays and Cost Overruns Prevented with Strategic Contract Documents
Design and construction contracts - carefully drafted, negotiated and coordinated by Osborn - allowed for a major renovation ($10 million) of a Manhattan medical center to proceed seamlessly to completion, on schedule and without claim.
Medical Center Completed Despite Mid-Project CM Bankruptcy
During the addition of a new wing to a Manhattan medical center, the construction manager filed for bankruptcy, threatening cost overruns and lengthy delays. Osborn, on behalf of the medical center, guided the project to completion by assembling a new project team and by negotiating with the remaining subcontractors to complete the project with minimal disruption and without significant cost overruns.
Contractor's Failure to Protect Site Destroys Gym Floor
When a school renovation was undertaken at an upstate school, water infiltrated the gymnasium during the renovation, even though the gym was not involved in the renovation. When the contractor and design professional refused to accept responsibility, Osborn was retained to arbitrate against the contractor and architect for reimbursement of the costs to replace the gym floor. The School District received an arbitration award against both the contractor and the design professional.
Default by Contractor for General Construction on School Renovation Project
When the general construction contractor filed for bankruptcy and defaulted on its obligations to complete a large renovation project on a Westchester County high school, Osborn negotiated with the defunct contractor’s bonding company and arranged for the bonding company to pay the school district’s construction manager to complete the project. Significant project delays and cost overruns were thereby avoided.
General Construction Contractor’s Bid Rejected as “Non Responsive”
When a Long Island school district found that the low bidder for the construction of its new high school failed to provide evidence of its experience on projects above certain project scope and size requirements, Osborn developed a strategy to reject the bid as non-responsive and successfully fought an Article 78 proceeding challenging the award to the second lowest bidder.
School District Recouping of Overpayment from Construction Manager
When the New York State Comptroller found that the construction manager on a Dutchess County school project overcharged the school district by over $200,000, Osborn conducted an investigation and instituted litigation against the construction manager.
Settlement of Litigation Relating to Closeout on Iconic Manhattan Skyscraper
When an international structural glass specialty contractor was having trouble obtaining payment from the project’s construction manager for proposed change order and cost overruns, on the ground up construction of an iconic skyscraper in Manhattan, Osborn was successful in resolving the multi-million dollar litigation through mediation.
Successful Resolution of Claims Against Special Act School District
Delays to project completion left a Westchester County special act school district vulnerable to claims by nine trade contractors. Osborn obtained dismissal of seven of the nine claims and, with the assistance of the New York State Education Department and DASNY, arranged for funding of the final settlement close out amounts.
Swimming Pool Restoration Failure
When a Rockland County school district’s swimming pool experienced leaks immediately after renovation, Osborn conducted an investigation into the design errors and omissions and construction defects and crafted a resolution. Osborn obtained dismissal of a law suit by the contractor responsible for the defects.
Termination of Contractor on School Construction Project (With Assistance of Bonding Company)
In the early stages of a project, the school district’s construction manager advised our Firm that the contractor for general construction was not performing in compliance with the schedule, was otherwise extremely uncooperative and was also beginning to lay the groundwork for submitting meritless claims. Osborn successfully obtained the assistance of the contractor’s bonding company and negotiated the termination of the contractor and retention of a completion contractor all on terms beneficial to the school district. This was achieved in a timely manner, such that the overall project schedule was not adversely affected.
High School Retaining Wall Failure
When a retaining wall toppled at a Dutchess County high school, Osborn oversaw the investigation and set a strategy for the architect, contractor, construction manager, and consultant to carry out the repair.
Roof Leak Persisted During Renovation of Landmark Middle School
Significant leaks persisted during the construction of an additional story to a landmark middle school building in Westchester County. Osborn was retained by the school district, and we immediately retained a forensic architect to investigate. The leaks were stopped at once, and the cost of the damage was recovered from the design professionals and contractors.
Public Sector Owner Recovers Damages Due to Errors and Omissions for Storm Water & Erosion Control Design
Osborn helped a school district investigate and address to errors and omissions for storm water & erosion control design. The architect’s storm water and erosion control plan filed with the New York State Department of Environmental Conservation, was insufficient. This led to the expenditure of additional design and construction costs to address the deficiencies, in the field, during construction.
Negotiation and Settlement of Architect’s Claims for Additional Services and Calculation of Fee During Construction
Our Firm was introduced to a school project after the design phase was completed. Following retention, we were advised of a significant number of additional services claims presented by the district’s architect. In addition, a dispute arose regarding the interpretation of the contract provisions setting forth the method for calculating the architect’s fee. We worked closely with the district’s business official and the construction manager to evaluate the additional services claim and develop an objective interpretation of the contract provisions regarding the architect’s fee. Once this objective analysis was complete, we diligently, and with great detail, negotiated the additional services and fee claims such that we ultimately achieved resolution at the desired amount. This was negotiated during the construction of the project (and design phases of other phases of the project) in a professional and amicable manner so that the business relationship between the district and the architect could be maintained for the good of the project.
Default Determination Re-Opened
When a general construction contractor was defaulted by a New York City agency, Osborn stepped in, challenging the default and negotiating the reopening of the default finding and reinstatement of the contractor as a responsible bidder for future bids.
Public Authority Owner Refused to Process Change Orders
When a public authority failed to "stay up to date" in decision-making and processing change orders, Osborn represented the surety company and asserted a claim against the public authority for long overdue change order monies which had been withheld.
Failure of Electrical System to Meet Code Requirements
When completion of a new high school, in Orange County, was threatened by the failure of the electrical system to meet code, Osborn, brought in code and engineering consultants and assisted in identifying defects and overseeing a successful repair program. Upon project completion, Osborn successfully resolved a suit by the electrical contractor.
Insurance Claim Recovery for School District on High School Wall Collapse after Initial Denial of Coverage without Resort to Litigation
When a wall collapsed at a high school, the school district submitted a claim to its insurance carrier (New York Schools Insurance Reciprocal) and the claim was initially denied coverage. Osborn pursued the claim with NYSIR and ultimately obtained coverage for the claim as desired by the district. Although extremely reluctant to extend coverage at the outset, our Firm (with the assistance of the district’s construction consultants on technical matters) engaged in numerous discussions and meetings with NYSIR and its construction representatives and convinced NYSIR to agree to extend coverage to the claim. This was achieved without resort to litigation in an aggressive yet amicable manner. In fact, the final claim payment included reimbursement to the district for legal fees in the full amount requested.
Creative Construction Sequencing Kept the Hotel Lights on While Recovering From Disaster
A Manhattan hotel was renovated after a devastating fire that closed it for a month. As a representative of the contractor, Osborn worked with the hotel to develop construction sequencing to keep the hotel operating smoothly while the renovation proceeded. At closeout, we negotiated the terms of the final closeout package and payment to the contractor.
Manhattan Hotel Chiller System Delivered Despite Contractor Default
When a midtown Manhattan hotel was renovated, the contractor furnishing the large chiller units defaulted and was unable to complete its obligation under contract due to financial failure. We worked with the contractor and its bonding company to ensure that the equipment was delivered, installed and commissioned and that the appropriate warranties were delivered to the hotel.
A Long Island school district embarked upon what was to be an approximately one-year project involving the construction of a new three-story school building connecting two existing school buildings (which were also going to be extensively renovated). By the time Osborn was retained: four years had passed, the project was still incomplete, a significant number of defects had come to light, a number of the original project team members (trade contractors and the original construction manager) had been defaulted or left the project, a new construction manager had been retained, and the original architect had entered into a new agreement with the district to complete the project. Our Firm was charged with ensuring that the project was properly completed and investigating the prior failures to recover damages from the responsible parties. We were instrumental in disengaging and replacing the original architect and retaining a replacement construction manager. The new team worked together to successfully complete the project. Our Firm worked closely with the New York State Education Department (“SED”) to ensure that the project, which was not initially in full compliance with SED requirements, was performed (and all paperwork was completed and approved) as required by the SED – and in such a manner as to maximize state aid. Project completion was successfully achieved, the project was successfully closed out with the SED (in a manner that achieved maximum state aid), and Osborn was instrumental in settling the lawsuit for errors, omissions and construction defects for $2.5 million on behalf of the school district.
Manhattan Condominium Terrace and Balcony Repair Program
A Midtown Manhattan condominium building experienced significant cracking in its balcony and terrace walls. The condominium association began a $5.5 million repair program and commenced a lawsuit against the sponsor of the project, to recover the cost of the repairs. John Osborn, representing the sponsor of the project, while a partner at a prior firm, engaged an architectural and engineering team to investigate the problem, assess culpability and design, and formulate an effective repair program. A successful result was achieved as the repairs were successfully carried out and the cost was borne by the original construction manager, contractors and architect.
Troubled Elder Care Facility Project: Osborn Teamed With Owner's Representative
to Complete Project and Settle Claims
A newly constructed, elder care facility in Westchester County was significantly delayed, and serious design and construction problems stood in the way of completion. The construction manager was unable to coordinate the work, resolve problems on the project, or effectively manage the trade contractors. The architect/engineer team had provided poor project administration and committed a number of design errors. When Osborn was retained by the owner, the project was languishing and the parties were heading toward litigation. The Firm and the owner's representative worked together to trouble-shoot existing problems, uncover defects, and complete the project. Because the construction manager was unable to effectively manage the project, the Firm and the owner's representative managed the work and negotiated payments directly with each of the trade contractors. Without resorting to litigation, Osborn was able to keep the construction manager and architect/engineer team engaged on the project as necessary to complete the work, and negotiate final settlements with the construction manager, the architect and all trade contractors.
Dismissal of Action Against School District by Construction Contractor
When a contractor on a construction project for a school district commenced an action against the district to recover alleged damages for unsubstantiated extra work, Osborn convinced the plaintiff contractor (through opposing counsel) to voluntarily discontinue the action with prejudice for failure to commence its action within the time required by applicable statute. When the claim was initially raised (during the project) our Firm, working with the district’s construction consultants, documented the claim denial in such a manner as to clearly establish the accrual date of the claim. As a result, when the litigation was commenced in an untimely manner there was unequivocal documentary evidence establishing the same. The voluntary discontinuance of the contractor’s action was achieved in a cost effective manner via numerous conversations with opposing counsel (regarding the district’s legal position relating to the statute of limitations and the underlying lack of substantive merit to the contractor’s claim), and without resort to motion practice or otherwise responding to the complaint.
Core Drilling Delays Dorm Project
When the architect failed to make arrangements for HVAC and plumbing penetrations to be manufactured into pre-stressed concrete of a dormitory, causing delays and significant cost overruns to the HVAC subcontractor, John Osborn, while an associate at a prior firm, proceeded to trial and recovered a $500,000 jury verdict on behalf of the HVAC subcontractor against the general contractor.
New York City University Pipe Insulation Failure Causes Damage to New Dormitory Building
When a Manhattan University experienced over $1 million in damage to its brand new dormitory building, Osborn worked with the university and construction manager in developing a remediation plan to make the necessary repairs to the building.
Extensive Repairs & Payments for Carbon Monoxide Incident
Carbon monoxide contamination from a dormitory’s modular boiler system sent a number of students to the hospital. Osborn oversaw the extensive required repairs and pursued the manufacturer, engineer, design/builder, marketing and maintenance companies to pay.
Defended Challenge to Ulster County Town Hall Bid Award
When the low bidder on an Ulster County town hall project failed to provide required paperwork, Osborn worked with the town in rejecting the low bidder. Once the low bid was rejected, and the award made to the second-lowest bidder, the general construction contractor challenged the award and Osborn successfully achieved dismissal of the Article 78 proceeding under which the contractor sought to set aside the award to the second lowest bidder.
Downtown Residential Development – Temporary Restraining Order Dissolved
When a 50-story $250 million residential project in Lower Manhattan was halted by a Temporary Restraining Order initiated by an adjacent property owner and a Stop Work Order issued by the New York City Department of Buildings, Osborn stepped in and, within 48 hours, arranged for the lifting of the Temporary Restraining Order and the rescinding of the Stop Work Order. The solution was reached by retaining a prominent engineering firm and immediately working with the adjacent property owner and the New York City Department of Buildings to assure that no structural damage had been or would be experienced.
Integration of Monitoring Technology Into Waste Water Plants
When a national corporation contracted with the City of New York to provide monitoring technology for its wastewater plants, the City defaulted in its obligation to provide access to the buildings in which the technology was to be installed. As a result, a 2½ year job lasted 8 years. In a 6 week trial, John Osborn while an associate at a prior firm, obtained a jury verdict on behalf of the national corporation for $1.5 million, the entire amount of the cost overruns.
Library District Recovers for Water Damage Caused by Contractor
When an Ulster County library suffered significant water damage during a roof repair project, the library district turned to Osborn to recover the cost of repair through litigation. Successful Article 78 Challenge of New York City Board of Education finding Plumbing Contractor Not Responsible When the New York City Board of Education found the low bidder not responsible, John Osborn, as a partner at a prior firm, challenged the finding as arbitrary and capricious and obtained a court determination setting aside the finding.
Systemic Problems Solved at New Jersey Condominium Complex
When construction was completed on a luxury residential condominium building overlooking the Hudson River, numerous design and construction problems surfaced in many systems. As the owner’s attorney, while a partner at a prior firm, John E. Osborn oversaw a new design and construction team and solved each of the building problems. We then obtained full recovery of costs incurred through a lawsuit against 12 parties; the lawsuit was resolved through mediation without taking a single deposition.
Owner Recovers Damages Due To Façade Errors, Omissions and Construction Defects
Osborn, on behalf of the owner of a Manhattan high-rise office building, commenced a law suit against an architect and restoration contractor arising out of a comprehensive façade inspection and restoration in which the architect’s design contained errors and omissions and the contractor’s work was defective. In this case, our client, the building owner, received a significant settlement amount from the architect and contractor.
Changed Conditions Do Not Deter Construction of Group Practice Office
Doctors on Long Island embarked on construction of an office for their group practice. When the excavation contractor encountered unanticipated rock, it appeared that the project would have to be abandoned due to inadequate funds to address the changed conditions. Osborn solved the problem by hiring an engineering expert to redesign the foundation and by negotiating with the excavator to keep its original price, thereby allowing the project to be completed on budget and on time.
Delays and Cost Overruns Prevented with Strategic Contract Documents
Design and construction contracts - carefully drafted, negotiated and coordinated by Osborn - allowed for a major renovation ($10 million) of a Manhattan medical center to proceed seamlessly to completion, on schedule and without claim.
Medical Center Completed Despite Mid-Project CM Bankruptcy
During the addition of a new wing to a Manhattan medical center, the construction manager filed for bankruptcy, threatening cost overruns and lengthy delays. Osborn, on behalf of the medical center, guided the project to completion by assembling a new project team and by negotiating with the remaining subcontractors to complete the project with minimal disruption and without significant cost overruns.
Contractor's Failure to Protect Site Destroys Gym Floor
When a school renovation was undertaken at an upstate school, water infiltrated the gymnasium during the renovation, even though the gym was not involved in the renovation. When the contractor and design professional refused to accept responsibility, Osborn was retained to arbitrate against the contractor and architect for reimbursement of the costs to replace the gym floor. The School District received an arbitration award against both the contractor and the design professional.
Default by Contractor for General Construction on School Renovation Project
When the general construction contractor filed for bankruptcy and defaulted on its obligations to complete a large renovation project on a Westchester County high school, Osborn negotiated with the defunct contractor’s bonding company and arranged for the bonding company to pay the school district’s construction manager to complete the project. Significant project delays and cost overruns were thereby avoided.
General Construction Contractor’s Bid Rejected as “Non Responsive”
When a Long Island school district found that the low bidder for the construction of its new high school failed to provide evidence of its experience on projects above certain project scope and size requirements, Osborn developed a strategy to reject the bid as non-responsive and successfully fought an Article 78 proceeding challenging the award to the second lowest bidder.
School District Recouping of Overpayment from Construction Manager
When the New York State Comptroller found that the construction manager on a Dutchess County school project overcharged the school district by over $200,000, Osborn conducted an investigation and instituted litigation against the construction manager.
Settlement of Litigation Relating to Closeout on Iconic Manhattan Skyscraper
When an international structural glass specialty contractor was having trouble obtaining payment from the project’s construction manager for proposed change order and cost overruns, on the ground up construction of an iconic skyscraper in Manhattan, Osborn was successful in resolving the multi-million dollar litigation through mediation.
Successful Resolution of Claims Against Special Act School District
Delays to project completion left a Westchester County special act school district vulnerable to claims by nine trade contractors. Osborn obtained dismissal of seven of the nine claims and, with the assistance of the New York State Education Department and DASNY, arranged for funding of the final settlement close out amounts.
Swimming Pool Restoration Failure
When a Rockland County school district’s swimming pool experienced leaks immediately after renovation, Osborn conducted an investigation into the design errors and omissions and construction defects and crafted a resolution. Osborn obtained dismissal of a law suit by the contractor responsible for the defects.
Termination of Contractor on School Construction Project (With Assistance of Bonding Company)
In the early stages of a project, the school district’s construction manager advised our Firm that the contractor for general construction was not performing in compliance with the schedule, was otherwise extremely uncooperative and was also beginning to lay the groundwork for submitting meritless claims. Osborn successfully obtained the assistance of the contractor’s bonding company and negotiated the termination of the contractor and retention of a completion contractor all on terms beneficial to the school district. This was achieved in a timely manner, such that the overall project schedule was not adversely affected.
High School Retaining Wall Failure
When a retaining wall toppled at a Dutchess County high school, Osborn oversaw the investigation and set a strategy for the architect, contractor, construction manager, and consultant to carry out the repair.
Roof Leak Persisted During Renovation of Landmark Middle School
Significant leaks persisted during the construction of an additional story to a landmark middle school building in Westchester County. Osborn was retained by the school district, and we immediately retained a forensic architect to investigate. The leaks were stopped at once, and the cost of the damage was recovered from the design professionals and contractors.
Public Sector Owner Recovers Damages Due to Errors and Omissions for Storm Water & Erosion Control Design
Osborn helped a school district investigate and address to errors and omissions for storm water & erosion control design. The architect’s storm water and erosion control plan filed with the New York State Department of Environmental Conservation, was insufficient. This led to the expenditure of additional design and construction costs to address the deficiencies, in the field, during construction.
Negotiation and Settlement of Architect’s Claims for Additional Services and Calculation of Fee During Construction
Our Firm was introduced to a school project after the design phase was completed. Following retention, we were advised of a significant number of additional services claims presented by the district’s architect. In addition, a dispute arose regarding the interpretation of the contract provisions setting forth the method for calculating the architect’s fee. We worked closely with the district’s business official and the construction manager to evaluate the additional services claim and develop an objective interpretation of the contract provisions regarding the architect’s fee. Once this objective analysis was complete, we diligently, and with great detail, negotiated the additional services and fee claims such that we ultimately achieved resolution at the desired amount. This was negotiated during the construction of the project (and design phases of other phases of the project) in a professional and amicable manner so that the business relationship between the district and the architect could be maintained for the good of the project.
Default Determination Re-Opened
When a general construction contractor was defaulted by a New York City agency, Osborn stepped in, challenging the default and negotiating the reopening of the default finding and reinstatement of the contractor as a responsible bidder for future bids.
Public Authority Owner Refused to Process Change Orders
When a public authority failed to "stay up to date" in decision-making and processing change orders, Osborn represented the surety company and asserted a claim against the public authority for long overdue change order monies which had been withheld.
Failure of Electrical System to Meet Code Requirements
When completion of a new high school, in Orange County, was threatened by the failure of the electrical system to meet code, Osborn, brought in code and engineering consultants and assisted in identifying defects and overseeing a successful repair program. Upon project completion, Osborn successfully resolved a suit by the electrical contractor.
Insurance Claim Recovery for School District on High School Wall Collapse after Initial Denial of Coverage without Resort to Litigation
When a wall collapsed at a high school, the school district submitted a claim to its insurance carrier (New York Schools Insurance Reciprocal) and the claim was initially denied coverage. Osborn pursued the claim with NYSIR and ultimately obtained coverage for the claim as desired by the district. Although extremely reluctant to extend coverage at the outset, our Firm (with the assistance of the district’s construction consultants on technical matters) engaged in numerous discussions and meetings with NYSIR and its construction representatives and convinced NYSIR to agree to extend coverage to the claim. This was achieved without resort to litigation in an aggressive yet amicable manner. In fact, the final claim payment included reimbursement to the district for legal fees in the full amount requested.
Creative Construction Sequencing Kept the Hotel Lights on While Recovering From Disaster
A Manhattan hotel was renovated after a devastating fire that closed it for a month. As a representative of the contractor, Osborn worked with the hotel to develop construction sequencing to keep the hotel operating smoothly while the renovation proceeded. At closeout, we negotiated the terms of the final closeout package and payment to the contractor.
Manhattan Hotel Chiller System Delivered Despite Contractor Default
When a midtown Manhattan hotel was renovated, the contractor furnishing the large chiller units defaulted and was unable to complete its obligation under contract due to financial failure. We worked with the contractor and its bonding company to ensure that the equipment was delivered, installed and commissioned and that the appropriate warranties were delivered to the hotel.