TICL Construction and Surety Law Division
A Message from the Division Chair
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
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.
C. Allan Reeve, Esq.
Reeve Brown PLLC
3380 Monroe Avenue
Rochester, NY 14618-4726sssssss
Phone: (585) 310-1610
Patricia A. Rooney, Esq.
Patricia Rooney, PC
394 South 15th Street
Lindenhurst, NY 11757
Phone: 631) 592-4405
View Deconstruction (Construction and Surety Law Division Newsletter)
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