Construction Law

Osborn provides strategic advice in planning and implementing overall capital improvement programs, from project inception through final completion. These legal services include assistance in forming the project team through selecting design professionals, environmental consultants, and other professionals to carry out the project, and assistance in preparing bid packages and awarding the construction contract.
We are often initially called upon to assist an owner or developer during the litigation process. Through the years, we have found that if owners and developers work together closely with counsel, design professionals and construction managers from the outset, projects have a higher probability of being completed on time and within budget. We have had consistent success in contributing to effective project delivery when we are retained by an owner at the project’s inception.
Our extensive experience gives us a unique understanding of what can go wrong with construction and renovation projects and how to minimize risk and avoid problems through proper contract drafting, clear communication, and close oversight. ​​
Through years of experience Osborn is able to raise issues which give rise to liability and allows the Firm to work with the client to avoid and manage risk.  The Firm understands the need to build a record and manage communications cautiously and confidentially.  
To the extent that claims are not able to be solved at project close out, Osborn. has a depth of experience and success in effectively resolving disputes through court, dispute resolutions boards, arbitration and mediation.

Construction Law Services

  • ​Prepare and negotiate the architect, contractor, construction manager and consultant contracts
  • Monitor construction and renovation projects and provide troubleshooting. This includes addressing errors and omissions claims, defaults, defective work, and providing practical solutions with assistance from the Firm’s strategic alliances to address project challenges
  • Assist the owner in addressing safety and insurance concerns
  • Negotiate replacement of design professionals, construction managers, contractors and their representatives when necessary, to address project delivery failures
  • Facilitate completion of construction projects by non-performing contractors through notice to and close collaboration with bonding companies, as well as negotiations in the event of a contractor’s default
  • Resolution of billing and performance issues with architects, construction managers, and trade contractors
  • Assist owners with resolution of New York State Department of Labor issues including addressing allegations of the failure of trade contractors to pay prevailing wages
  • Litigation, mediation and arbitration relating to construction claims, construction defects, Mechanic’s Liens, and errors and omissions in design
  • Conduct property condition survey to determine necessity of repair/renovation to: roofs, façades, heating systems, plumbing systems, site drainage and other building elements
Our construction law attorneys are recognized in the industry and are active members in various associations including The Greater New York Construction User Council (GNYCUC), the Building Owners and Managers Association of New York (BOMANY) and the New York Building Congress and have published articles in numerous publications including the National Law Journal, New York Law Journal, New York Construction,
​and Real Estate New York.