Kevin has extensive experience negotiating public and private construction contracts and addressing the multiple issues that arise during construction projects. He has successfully mediated, arbitrated and litigated a variety of construction, bankruptcy, and commercial law matters in state and federal courts.

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Kevin Laurilliard

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Kevin Laurilliard joined the firm in 1991 and has been a principal since 1997. Kevin practices in the areas of construction and surety law, commercial law, bankruptcy law, and creditors' rights law. In construction and surety law, he represents a diverse clientele, including architects, owners, general contractors, subcontractors, suppliers, and sureties for a full range of legal services, including: contract review and negotiation; counseling on the many issues that may arise during the construction phase; and representation in the event of litigation and/or ADR.

Kevin has reviewed and negotiated many contracts on both public jobs and private jobs. An accomplished litigator, he has successfully litigated a variety of construction, bankruptcy, and commercial law matters in state and federal courts.

Prior to joining the firm, Kevin served as an Appellate Court attorney with the New York Supreme Court, Appellate Division, Third Department. For many years, he was an adjunct professor at Russell Sage College. He is admitted to practice in all of the federal, state, and bankruptcy state courts in the State of New York.

Education

J.D., Albany Law School of Union University, 1985
Albany Law Review

B.A., cum laude, State University of New York at Albany, 1982
Dean's List

Jurisdictions Admitted to Practice All State & Federal courts located in New York State
Professional Associations and Community Involvement

American Bar Association
ABA Forum on Construction Law

Associated General Contractors of America

Creditors’ Rights Association of NYS

General Building Contractors

New York State Bar Association
Construction & Surety Law Division

Northeastern Subcontractors’ Association

Significant Cases

With many reported cases, some of the notable cases include:

  • In re Arbitration between Capital Siding & Const., LLC, 138 A.D.3d 1265
    • Appellate court issued an important precendential decision that applies to New York State private construction projects. Contractors, suppliers, and subcontractors who provide labor and/or material to private construction projects in New York State where the aggregate costs exceed $150,000 can now opt to pursue expedited arbitration, despite a contrary dispute resolution provision in their construction contract. 
  • Kingsley Arms, Inc. v. Sano Rubin Constr. Co., 16 A.D.3d 813
    • Appellate court ruled that the AIA 21 day notice requirement was a condition precedent that barred the subcontractor's $2.4 million claim against the general contractor.

  • Schoenborn v. Kauffman, 220 A.D.2d 966
    • Appellate court held that construction contract could not be re-written by trial court and that mechanic's lien can be filed against adjoining parcel that was improved by road that was constructed.

  • Friends Lumber Inc. v. Cornell Development Corporation, 243 A.D.2d 886
    • Appellate court ruled that summary judgment was appropriate when customer executed promissory notes in favor of a lumber supplier at a time when the customer knew about the allegedly defective lumber.

  • Cleveland Bros. Equip. Co. v. Dominick Dan Alonzo Inc., 241 A.D.2d 869
    • Appellate court ruled that there was no "same surety and principal" exception to the notice required under a payment bond.

  • Lashua v. La Duke, 272 A.D.2d 750
    • Appellate court ruled that a UCC-1 financing statement was sufficient to satisfy the requirement of a written security agreement.

  • National Bank of Geneva v. Case Credit Corp., 37 A.D.3d 1169
    • Appellate court ruled that the secured creditor that provided purchase money financing, which involved the trade-in of used equipment covered under a bank's blanket security interest, was not liable for conversion because the secured creditor never exercised any dominion or control over the traded-in used equipment.

Lecturer/Panelist/Author
  • Lecturer on a wide variety of construction law topics.
Awards
  • Named a Super Lawyer in the 2007, 2014, 2017 Upstate New York Edition of Super Lawyers magazine for Construction/Surety, Construction Litigation, Bankruptcy & Creditor/Debtor Rights.
  • Named as an Upstate New York Super Lawyer® in the area of Construction Litigation, 2016
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