Practice Group Series – Construction Law

MSW’s decades of high-stakes construction law experience gives us the edge in every matter that we handle, whether the battleground is the contract drafting table, project trailer, or the courtroom.

MSW counsels, advises, and represents a wide array of clients across the related real estate and construction industries. Whether commercial, residential, industrial, infrastructural or other public works, our attorneys have seized the reins in hundreds of transactional and project management situations involving some of the most sophisticated construction projects in the New York Metropolitan Area, and have succeeded in expediting and obtaining favorable resolutions for clients in hundreds of the largest and most complex construction-related litigation matters.

From contract negotiation to dispute resolution, MSW advises clients at every stage of a construction project. MSW represents owners, developers, architects, engineers, land surveyors, construction managers, general contractors, subcontractors, and suppliers in project planning, bid and proposal preparation, financing, drafting and negotiation of every type of construction contract, project administration, risk management/mitigation, and related litigation, including:

  • Business Entity Formation and Drafting of Governing Documents
  • Project Planning and Design Phase
  • Early Risk Assessment and Mitigation
  • Project Delivery Systems, Project Controls, and Best Practices
  • Preparation and Review of Bid Packages and Proposal Requests
  • Drafting and Negotiation of Contract Terms
  • Midstream Analysis of Project Risk and Mitigation
  • Resolution of Project Disputes
  • Insurance, Bonding, Risk-Management
  • Facilitating compliance with jurisdictional statutes, codes, and accessibility requirements including both The Americans with Disabilities Act and The Fair Housing Act
  • Litigation, Arbitration and Mediation arising out of all of the above, including prosecution and defense of claims for:
    • Delay
    • Mechanics’ Liens
    • Bid Disputes
    • Design and Construction Defects
    • Insurance
    • Breach of Contract
    • Default
    • Termination
    • Change Order and Scope
    • Differing Site Conditions
    • Surety Bonds
    • Disability and Accessibility
    • Labor and Employment

MSW’s real estate and construction litigators are not simply litigators, but rather real estate and construction industry specialists who have firsthand knowledge of how real estate deals and construction projects work, and have consistently been recognized as some of the best in the industry, because of their litigation prowess. We have conducted bench and jury trials and have arbitrated and mediated hundreds of design and construction matters in New York, New Jersey, Pennsylvania, and Connecticut. That profound litigation experience, dating back to the World Trade Center litigations, drives everything else that we do.

MSW does not merely serve the real estate and construction industry, we are part of them. We speak the language and are poised to deliver tailored results to each client, with an eye toward the conflicts that can arise and protecting against them. If a conflict ensues, we are poised to litigate, arbitrate and/or mediate any kind of real estate or construction matter there is.

Practice Group Leaders:

Brant Forrest
Partner
Phone: (973) 320-7591
Email: bforrest@murphyllp.com

Anthony Capasso
Partner
Phone: (973) 354-2845
Email: acapasso@murphyllp.com

Practice Group Series – Real Estate Finance

MSW takes pride in being proactive counsel on real estate lending matters.

MSW represents lenders, borrowers and loan purchasers and sellers in connection with mortgage loan transactions involving all real estate asset classes, including industrial, office, multifamily, hospitality and retail. MSW attorneys regularly advise clients through every stage of the mortgage lending process and have experience with conventional bank finance, private lending, CMBS loans, mezzanine loans and EDA and SBA loan transactions. Our team regularly works with national and international banks, regional and community banks, private lenders, life insurance companies and debt funds on acquisition finance, construction loan and refinance transactions. We use our broad expertise in real estate matters to craft creative solutions to deal-breaking problems, and we apply an unparalleled hands-on approach to ensure that even the most complex transactions close in a timely and efficient manner.

Practice Group Leaders:

Charles J. Wilkes
Partner
Phone: (973) 705-7422
Email: cwilkes@murphyllp.com

MSW Recognized by Chambers USA as a Top Law Firm

Murphy Schiller & Wilkes LLP (MSW) is proud to announce that the firm has been selected as a top law firm in the areas of Real Estate and Construction in the Chambers USA 2025 Rankings. Chambers USA ranks the top 3% of lawyers and law firms across the United States.

A ranking in Chambers shows that a firm has stood out in the most rigorous, independent and in-depth research process of any legal directory on the market, and has emerged as one of the best in the field.

In addition to the firm receiving recognition, firm partners Matthew J. Schiller and Charles J. Wilkes were ranked as top attorneys in the area of real estate, while partners Anthony Capasso and Brant Forrest were ranked as top attorneys in the area of construction.

For more information, please visit Chambers and Partners at chambers.com.

Practice Group Series – Commercial Leasing

Our lawyers have handled high profile commercial leases, including corporate headquarters and major industrial facilities.

MSW’s lawyers structure and negotiate leases on behalf of landlords and tenants for all kinds of commercial property, including office buildings, industrial and warehouse facilities, shopping centers, restaurants and breweries, cannabis dispensaries, health care facilities, marinas, sports arenas, and other sites throughout the country.

As a full-service real estate practice group, we are experienced in all varieties of leasing arrangements, including large and small office leases, and retail and restaurant leases, subleases, ground leases, sale-leaseback transactions, and build-to-suit leases. We also structure and implement commercial leasing programs for office building and shopping center owners and have experience addressing “green” and “WELL” building issues. Further, utilizing the firm’s extensive incentive advisory experience, the firm’s leasing attorneys regularly advise clients on potential real estate and economic development incentives that may be available to them as a tenant or landlord.

Practice Group Leaders:

Kellen Murphy
Partner
Phone: (973) 705-7420
Email: kmurphy@murphyllp.com

Matthew J. Schiller
Partner
Phone: (973) 705-7431
Email: mschiller@murphyllp.com

Charles J. Wilkes
Partner
Phone: (973) 705-7422
Email: cwilkes@murphyllp.com