TICL Construction and Surety Law Division

A Message from the Division Chair

October 2016

To CSLD attorneys:

Since my note to you last year Pat Rooney, an adjunct professor of construction law at Touro Law School has cheerfully assumed the duties as editor of our newsletter. It has been renamed “Deconstruction” and was recently posted on TICL. I hope you find it useful. Pat is great to work with, as is Mike Spinelli, an architect and one of Pat’s students, who assisted with the first issue of Deconstruction. 

We plan to issue Deconstruction three times per year, and report on cases of importance to construction and surety attorneys. Of course it is my view that you can’t be a good construction lawyer unless you’re a good surety lawyer, and vice versa. 

We will also be informing you of cases which, although not purely construction or surety law, are important to various players in the construction industry, whether they be contractors, subcontractors, suppliers, public or private owners, etc. 

One such issue is additional insurance, which I follow closely, because a failure to provide additional insurance can be a catastrophic breach of contract. Not getting the contract language right along with the correct insurance can also result in liability to the contractor’s attorney who was supposed to make sure that he had his/her client’s back covered from this contractual exposure.

We will also be including an article, such as Marc Brown’s in our current issue, which discusses an issue of concern from a practitioner’s point of view.

I intend to use my role as chair of the division to weigh in on legislation that affects our industry. One such piece of legislation, which I supported on behalf of our division, is NY SB 6906 (please see my attached Letter). This revision to several statutes would require public owners to show prejudice if they want to assert late notice as a defense to claim by a contractor. 

This bill, which was spearheaded by Henry Goldberg, a Rockville Centre construction attorney and friend, was passed by both chambers and is awaiting signature by Gov. Cuomo.

If you become aware of any state or federal cases which you believe we should be aware of please send them to Pat or me. 

Also, if you would like to write a short article (and the emphasis is on short) let us know. This could be an analysis of an issue in a real case which could be revised to protect confidentiality. 

I would appreciate your mentioning our division of NYSBA to other construction and surety lawyers to help generate interest in our division. With the number of NY attorneys who practice in this area, and the issues we have to deal with, we should be a vibrant group. I hope to stimulate us in that direction. 

Al Reeve

Committee Chair:
C. Allan Reeve, Esq.

Reeve Brown PLLC
Suite 200
3380 Monroe Avenue
Rochester, NY 14618-4726sssssss
Phone: (585) 310-1610
Email: careeve@reevebrownlaw.com

Vice-Chair and Editor:
Patricia A. Rooney, Esq.
Patricia Rooney, PC
394 South 15th Street
Lindenhurst, NY  11757
Phone: 631) 592-4405
Email: prlaw@prlaw.pro

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