At Barton, our attorneys are well-versed in the many legal considerations that exist within the construction industry.

We routinely represent our clients in both commercial and residential projects, including office buildings, manufacturing facilities, shopping centers, hotels, restaurants, multi-family dwellings, co-ops and condominiums. We often oversee and offer counsel to help facilitate the renovation, expansion, and development of these properties.

We work closely with construction management firms, developers, contactors, subcontractors, and while we strive to prevent disputes from arising in the first place, we are able to litigate the full range of issues regarding development, construction, and ownership when necessary. Barton attorneys can also advise on labor and employment issues, land use, construction contracts, and tax matters.

Construction projects, regardless of size, are complex and comprised of many moving pieces. Barton helps take the guesswork out of these ventures by providing astute project management combined with a thorough knowledge of the industry.

Work in this Area

Construction

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Representative Matters

Tried multiple criminal, healthcare, product liability, commercial, and construction law cases to verdict in federal and state courts.

Represented Spectrum Inc. General Contracting in litigation in the Supreme Court of New York, New York County against Capital One arising from claims that Capital One failed to prepare and implement procedures to notify account holders and step in to halt embezzlement fraud that resulted in a loss of $7,016,129.50.

Won $2.1 million award after trial of competing breach of construction contract claims involving a high rise building in downtown Los Angeles, including 100% of the legal fees that were incurred in prevailing on the successful claims. The trial Judge ruled that Bernie and his colleagues’ billing rates were “eminently reasonable” for such “high quality attorneys” at such a “prestige law firm” who “displayed great skill,” and that Bernie and the firm billed “a reasonable [number] of hours commensurate with the demands of the case.”

Successfully resolved claim against real estate investment fund alleging alter ego liability as member of limited liability company for $13 million construction contract. Case successfully resolved through mediation while motion for summary judgment was pending.

Represented a New York-based commercial real estate construction management firm against a developer-debtor of a 45-story luxury hotel and residential mixed-use complex in mid-Manhattan valued in excess of $100 million. Aggressively and successfully opposed its fast-tracked plan confirmation process so that the client’s multi-million-dollar trust fund-related claims were allowed in full, and the funds for the same were carved out of the estate and set aside as part of the debtor’s plan confirmation.

Represented contractor in its dispute with luxury cosmetics retailer over amounts owed in connection with multiple change orders incurred in build out of retailer’s flagship storefront in New York City.

Represented a Latin American joint venture in two ICC arbitrations regarding a construction dispute in an EPC contract related to a hydroelectric power plant project.

Represented a biomass plant owner in a AAA construction dispute brought by its EPC contractor and in a JAMS mediation involving a long-term supply contract claim brought by a UK-based purchaser.

Represented Axiall Corporation in its US$3.8bn sale to Westlake Chemical Corporation.

Barton LLP
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