Construction Law and Accident Litigation
Proficiency in construction law and accident litigation has long been the hallmark of our firm. Our involvement on behalf of our clients, whether contractors, brokers or insurers, includes comprehensive pre-litigation claims analysis and extends through trial and appeals. We are regularly retained in the most high profile construction matters. Our Construction Law team of attorneys have made a significant contribution to the continued development of New York’s Labor Law by virtue of dozens of appellate decisions, including critical Court of Appeals’ decisions decided in favor of our insurance and construction clients.
Our construction accident group handles everything from the catastrophic crane collapse to the more routine worksite slip and fall. Whatever the degree of complexity, our intensity at the point of attack does not vary. From the initial notice of claim, and as needed through trial and appeals, our approach is swift and efficient. For example, we are mindful that a failure to timely issue a proper response may expose our client to liability that they may have otherwise avoided. We work to develop simple and dependable systems to ensure that all proper notices and coverage denials are timely issued.
Very often the most critical challenge in construction litigation is the accurate and efficient identification, assertion and management of claims by and against co-defendant owners, general and subcontractors. Specifically, risk transfer through contractual indemnification and contribution has become increasingly important in the wake of the 1996 adoption of the “grave injury” provision in Section 11 of the Workers’ Compensation Law. The “grave injury” requirement has virtually eliminated actions against the employer for common law indemnity and contribution. Our ability to direct a Labor Law claim within the framework of the statute is a critical component of the effort to increase risk sharing and minimize exposure.