Unlike those at most other Long Island law firms, CMM’s construction attorneys possess firsthand knowledge of the construction client’s perspective, having worked in the industry themselves. Chaired by Don Rassiger, CMM’s Construction law practice group is comprised of seasoned professionals who understand the challenges faced by the players on all sides of the construction table and are well equipped to assist clients in achieving successful outcomes in a cost-effective and timely manner.
Our construction clients include owners, real estate developers, general contractors, subcontractors, architects, engineers, construction managers, and program managers who focus on a wide range of commercial, industrial, residential, infrastructure, and energy/utility projects, as well as schools, colleges/universities, libraries, hospitals, courthouses, and a variety of municipal projects. Our attorneys help clients navigate their way through the obstacles and challenges that they face throughout the lifecycle of each construction project, offering guidance on planning and development, financing, bid processes and procedures, contract drafting and negotiation, claims and insurance matters, surety/bonding issues, environmental issues, labor relations, risk management and mitigation, change orders and delay/impact claims, and litigation.
Contract Drafting, Review, and Negotiation
A contract is the starting point for the loftiest of construction projects. CMM attorneys are skilled at drafting, reviewing, and negotiating all varieties of construction contracts including engineering, procurement, and construction (EPC) and design-build agreements, professional services agreements, joint ventures, and teaming agreements. Clients also turn to us for advice in resolving contractual disputes without having to resort to litigation.
Claims and Insurance; Bonds
Our attorneys have significant experience representing owners and contractors on delay and impact claims and change orders, having negotiated well over $100 million in such claims over the past five years alone. Our team has the hands-on experience required in the investigation of claims and the defense of construction-related accidents, insurance coverage disputes, and surety/bond claims.
Energy and Utility
Our lawyers have significant experience in the energy and utility sectors, assisting clients with siting and developing projects, general corporate matters, mergers and acquisitions, regulatory, land use and zoning issues, and telecommunications matters. Attorneys on our team have worked for the major utility companies in our region, including LIPA, Con Edison, PSE&G and KeySpan (now National Grid), working on projects including the lease financing of a 250 Megawatt electric generating station in New York City, the turn-key construction of a 34 Megawatt solar farm on Long Island, oil and gas pipeline construction, overhead and underground electric transmission and distribution projects, and substation construction and upgrades, as well as experience working for corporations and developers focused on utility infrastructure and renewable energy markets.
CMM works with construction clients to efficiently and effectively resolve environmental and land use disputes. We advise clients with respect to environmental challenges in commercial real estate transactions and handle insurance claims stemming from contaminated properties. We provide guidance and support on hazardous material spills, containment, and remediation. Our team regularly appears before Zoning Boards of Appeal, Planning Boards, and Town or Village Boards with regard to subdivisions, variances, easements, and special use permits, and in court when challenges to land use and zoning approvals are the subject of Article 78 petitions.
Our attorneys have handled countless financing transactions including sale/leaseback, lines of credit, and debt/equity financing. CMM is adept at working quickly and efficiently to conduct due diligence and draft financing documents to bring deals to a swift close.
Collective Bargaining, Grievances, and Other Disputes
CMM handles both union and non-union matters for our construction clients, including jurisdictional disputes, collective bargaining agreements, grievances, and arbitrations.
When litigation is unavoidable, our attorneys stand ready to aggressively advocate for our clients in the courtroom. We understand that construction litigation brings its own complexities including multiple parties and documents as well as intricate fact patterns. CMM has the experience to navigate these challenges in a cost-effective manner while maintaining the focused and aggressive advocacy for which our clients depend on us. Be it through mediation, arbitration, or traditional courtroom litigation, CMM’s team of construction litigators consistently achieves positive results for our clients.