Request
Information

Construction and Surety Law

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 if litigation and/or ADR process is commenced. 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: We are able to efficiently review the multiple tiers of contracts (architect-owner-general contractor-subcontractor-supplier-surety) involved in a construction project. We advise our clients of the risk allocation set forth in the particular contract so our clients are knowledgeable regarding the contractual responsibilities. We suggest possible contract revisions that would reallocate the risk and we also engage in the contract negotiations if requested by our clients.

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 client’s rights and obligations under the applicable statutes, including the lien laws, trust fund laws and surety laws.

Mechanic's Liens: 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.

Surety Law: 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.

Appellate Practice: 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.

Kevin Laurilliard
Scott C. Paton
John J. Privitera
Francis J. Smith
Christopher Massaroni