Construction lawyer recommendations 2

[glass99]

Can anyone recommend a construction attorney, ideally in the NYC area?

One item of interest is whether I should take on condo related work, and if so setting up the best protections possible.

My limited experience with lawyers is they are expensive and conservative, so hopefully there is someone out there who can tell me its safe to get out of bed in the morning for less than $400/hr.

 

[cvg]

try contacting some of the HOA property management companies and see if they will recommend a good attorney. These guys specialize in condos or other types of HOA properties. Also, condo developers generally also have attorneys on-board to write the CC&R's.

 

[glass99]

Thanks CVG. I am almost embarrassed to ask because I am so green with legal stuff, but is there a difference between a builder/designer attorney, a developer attorney, and a plaintiff attorney? I mean, it must be tough for a lawyer to go from suing an engineer to defending an engineer.

 

[cvg]

the attorneys that protect or defend the developers will know how to protect engineers as well. you don't want to get involved with the other kind.

 

[glass99]

Probably right that a developer would have similar legal needs to an engineer. Obviously a contingency based plaintiffs lawyer is the wrong answer (an ambulance chaser!).

Is there a difference between a real estate attorney and a construction attorney? It seems like there are a lot of small firm lawyers who handle real estate transactions. I think they would typically handle matters ranging from putting together a contract for selling my apartment to reviewing the contract with our roofing contractor. They are attractive to me because they are smallish accessible firms rather than big time "white shoe" operations.

 

[cvg]

no, I don't think a typical real estate transaction attorney is what you need. they generally assist with buying and selling property, mostly where the sale is without a realtor.

there are attorneys that specialize in condo and other HOA type developments. they generally work directly for the developer or the landowner.

 

[Ron]

glass99....you don't need a construction attorney or a real estate attorney...those are the guys you'll be working with when you get going with condos. You need a lawyer who specializes in contracts. Get with your professional liability carrier and get some recommendations...they usually know the good ones. Some law firms specialize in professional liability defense. These guys usually know both the engineering/construction side of things and the contract issues for the professionals.

Construction lawyers specialize in construction defect claims...either on the plaintiff side or insurance defense. Some lawyers do both. They generally know construction contracts....though some know professional services contracts.

Real estate lawyers specialize in real estate transactions. The know real estate contracts.

I am attaching a booklet I wrote about 10 years ago that has some things to look for in contracts. You might find some of it to be helpful.

 

[CELinOttawa]

Concise and to the point... A star for you Ron!

 

[glass99]

Ron - thanks for the excellent response. It certainly narrows my search knowing that there are lawyers who specialize in AE professional services.

I did ask my insurance broker for names, which he gave me. They were big firms with like 200 areas of specialty. They are the big firms which the big insurance providers use when arguing a claim. They are also very expensive and un-used to small fry such as myself. Do smaller more nimble outfits exist?

 

[Ron]

Glass99...yes, there are small firms that do the same things and do them well.

Where are you located? I've worked with a variety of attorneys in the eastern US, so maybe I can help you find someone. Also, some of the larger firms don't require a large retainer (some have ridiculous retainers....I know of one that has offices in most of the major cities in the east with a minimum $10k retainer for anything....it goes up from there).

 

[glass99]

Ron - I am in New York City (Brooklyn actually). I would be open minded about a firm not in the city because lawyers here are used to Wall St clients, so are a bit expensive. If they have experience in facades and special structures, it would be for bonus points.

 

[Triangled]

in California, my insurer has something to say about condos too. you might confer with them.

 

[glass99]

I am now considering two firms:
- Zetlin & De Chiara
- Wilson Elser

Both have significant experience with A/E design professionals, and work with my competitors. Does anyone have any know either of these? They are expensive-ish at $320/hr for a partner with a $5k retainer.

 

[greenone]

Don't know those, but you could also try Goetz Fitzpatrick-they have 4 offices in NYC area.

 

[Ron]

Glass99...that's a reasonable retainer and the unit rate is about right. You'll probably get an associate and a lower rate for the grunt work.

 

[Tradr]

Glass99 if you are still looking for an attorney, I work in a mid size NYC firm with a subspecialty in construction law. I would be happy to arrange for you to speak with the partner who heads the practice if it would be helpful to you to gain more information. Not sure the rules here reqarding posting contact information, but can arrange a call if it would be helpful to you.

Regards,
Paul

 

[glass99]

Tradr - I think it would be acceptable to post your firm name and contact person given that it has been requested.

 

[Tradr]

Feel free to email me at psowell@sgrlaw.com and I will arrange for you to speak with the construction attorney. The firm is Smith, Gambrell & Russell and I am in the NYC office.

Regards,
Paul