Construction and Surety Law
Kevin Laurilliard chairs the Construction and Surety Law Department.
The McNamee Law Firm represents a diverse clientele in construction and surety law, including architects, owners, general contractors, subcontractors, suppliers, and sureties for the following legal services: contract review and negotiation; counseling on the many issues that may arise during the construction phase; and representation due to litigation and/or alternative dispute resolution. With our broad range of experience, we effectively represent our clients from the inception of a construction project to its conclusion.
Contract Review and Negotiation
Construction projects involve multiple tiers of contracts (architect-owner-general contractor-subcontractor-supplier-surety). Our approach is to review those contracts and advise our clients of the risk allocation set forth in each contract so our clients are knowledgeable regarding the contractual responsibilities. Suggesting possible contract revisions that would reallocate the risk, we also engage in the contract negotiations at our clients' requests.
Litigation and ADR
We represent clients in federal and state court litigation involving all of the different areas of construction law. We also represent our clients in alternative dispute resolution proceedings, including-but not limited to-mediation and arbitration. As part of our representation, we evaluate our clients' rights and obligations under the applicable statutes, including the lien laws, trust fund laws, and surety laws.
We prepare, file, and foreclose on private and public mechanic's liens. We also defend such lien actions.
Trust Fund Claims
We represent trustees and trust fund beneficiaries under the trust fund laws of New York State. Trust fund actions are prevalent in state court and federal bankruptcy court.
We are experienced in and knowledgeable about the federal and state laws that mandate bonds on particular construction projects and the legal issues relating to such bonds. We handle issues involving the bonds issued on a construction project, including payment bonds and performance bonds.
Many of our attorneys have worked at the appellate courts in New York State. We represent clients in appellate proceedings and have been involved in establishing significant case law in the area of construction law.
As part of our involvement with the construction industry, our firm is a member of:
- American Bar Association, ABA Forum on Construction Law
- American Home Builders Association
- Associated General Contractors of America
- General Building Contractors
- New York State Bar Association, Construction & Surety Law Division
- Northeastern Subcontractors' Association