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.