Legal Counsel for Complex Commercial Construction Projects
Commercial construction projects demand sophisticated legal representation that understands both the business realities and legal complexities of large-scale development. With over 30 years of combined experience as a construction attorney and former Vice President & General Counsel of construction firms, James J. Corbett, P.C. provides the strategic guidance and aggressive advocacy your project requires.
From initial contract negotiation through project completion and dispute resolution, we protect your interests at every stage of the construction process. Our unique industry background means we don’t just understand the law—we understand your business.
Who We Serve
Developers & Owners
- Commercial real estate developers
- Institutional property owners
- Private equity real estate funds
- Hotel and hospitality developers
- Retail and office developers
- Multi-family residential developers
General Contractors
- Commercial construction firms
- Design-build contractors
- Construction managers
- Infrastructure contractors
- Specialty trade contractors
- MEP contractors
Subcontractors & Suppliers
- Mechanical subcontractors
- Electrical subcontractors
- Plumbing contractors
- HVAC specialists
- Material suppliers
- Specialty trade subcontractors
Architects & Engineers
- Architectural firms
- Structural engineers
- MEP engineering firms
- Civil engineers
- Design professionals
- Construction consultants
🎯 The James Corbett Advantage
Unique combination of legal knowledge and real-world construction experience
Legal Excellence
30+ years practicing construction law in New York, with extensive trial and negotiation experience
Executive Experience
Former VP & General Counsel of telecommunications infrastructure and commercial construction companies
Field Knowledge
Hands-on construction project management experience provides real-world perspective
Business Acumen
Understands the financial and operational pressures of commercial construction
Comprehensive Commercial Construction Services
Contract Negotiation & Drafting
Protect your interests from day one with professionally drafted and negotiated construction contracts.
- Prime construction agreements
- Subcontractor agreements
- Design-build contracts
- Construction management agreements
- Purchase orders and supply agreements
- AIA document review and modification
Project Compliance & Risk Management
Navigate complex regulatory requirements and minimize project risks through proactive legal counsel.
- Prevailing wage compliance
- Certified payroll requirements
- Safety and OSHA compliance
- Environmental regulations
- Building code compliance
- Insurance and bonding requirements
Payment & Lien Rights
Secure payment and protect lien rights on commercial projects throughout New York.
- Mechanic’s lien filing and enforcement
- Notice to owner requirements
- Payment bond claims
- Trust fund enforcement
- Article 3-A claims
- Collection actions
Dispute Resolution & Litigation
Aggressive representation in all forms of construction disputes and litigation.
- Breach of contract claims
- Payment disputes
- Delay and impact claims
- Defective work claims
- Contract termination disputes
- Mediation and arbitration
Change Order & Claims Management
Professional guidance on change orders, extra work claims, and scope disputes.
- Change order preparation and negotiation
- Extra work documentation
- Scope of work disputes
- Differing site conditions claims
- Cardinal change claims
- Constructive change orders
Delay & Schedule Analysis
Sophisticated analysis and litigation of project delay claims.
- Critical path method analysis
- Time impact analysis
- Excusable vs. compensable delays
- Concurrent delay analysis
- Acceleration claims
- Liquidated damages disputes
Construction Defect Claims
Comprehensive representation in commercial construction defect matters.
- Building envelope defects
- Structural deficiencies
- MEP system failures
- Waterproofing failures
- Professional witness coordination
- Multi-party litigation
Insurance & Surety Matters
Navigate complex insurance coverage and surety bond issues.
- Additional insured disputes
- Coverage analysis and claims
- Performance bond claims
- Payment bond enforcement
- Surety takeover negotiations
- Bad faith claims
Public Works Projects
Legal counsel in public construction projects and government contracts.
- Public bidding compliance
- Prevailing wage requirements
- Public contract claims
- DBE/MBE/WBE requirements
- Federal and state compliance
- Government contract disputes
Types of Commercial Projects We Handle
🏢 Office Buildings
Class A office towers, corporate headquarters, professional buildings
🏨 Hospitality
Hotels, resorts, restaurants, entertainment venues
🏪 Retail & Mixed-Use
Shopping centers, mixed-use developments, retail spaces
🏭 Industrial
Manufacturing facilities, warehouses, distribution centers
🏥 Healthcare
Hospitals, medical offices, healthcare facilities
🏫 Educational
Schools, universities, training facilities
🏘️ Multi-Family Residential
Apartment buildings, condominiums, senior housing
🚇 Infrastructure
Transportation, utilities, telecommunications
Our Approach to Commercial Construction Matters
Strategic Assessment
Comprehensive evaluation of your legal position, contract terms, and business objectives
Risk Analysis
Identify potential risks and exposure while developing mitigation strategies
Proactive Solutions
Implement preventive measures and early resolution strategies when possible
Aggressive Advocacy
When disputes arise, provide forceful representation while controlling costs
Why Industry Experience Matters
Having served as VP & General Counsel of construction companies, James Corbett understands the pressures you face:
- Cash Flow Management: We know delayed payments can threaten your business survival
- Project Schedules: We understand critical path impacts and the cost of delays
- Subcontractor Management: We’ve dealt with the challenges of coordinating multiple trades
- Owner Expectations: We know how to manage difficult clients and unrealistic demands
- Cost Control: We provide efficient legal services that respect your budget constraints
- Business Relationships: We balance aggressive advocacy with maintaining working relationships
Common Commercial Construction Issues
For Developers & Owners
Schedule Delays
Contractor delays threatening occupancy dates and lease commitments
Cost Overruns
Disputed change orders and extra work claims exceeding budget
Defective Work
Quality issues requiring correction before project acceptance
Contract Disputes
Interpretation conflicts over scope, specifications, or payment terms
For General Contractors
Payment Delays
Owner withholding payments or disputing payment applications
Subcontractor Issues
Deficient work, delays, or disputes with subcontractors
Change Order Disputes
Owner refusing to approve or pay for changed conditions
Unforeseen Conditions
Hidden conditions requiring additional work and compensation
For Subcontractors
Non-Payment
General contractor or owner failing to pay for completed work
Scope Creep
Forced to perform work beyond contracted scope without compensation
Delay Damages
Wrongfully charged for project delays caused by others
Lien Rights
Need to protect payment rights through mechanic’s liens
Frequently Asked Questions
What makes commercial construction law different from residential?
Commercial construction involves significantly more complex contracts, larger dollar amounts, multiple layers of contractors and subcontractors, sophisticated payment mechanisms, and often public bidding requirements. Commercial projects also involve more detailed specifications, professional design teams, and complex insurance and bonding arrangements. Our experience with both commercial operations and legal issues makes us uniquely qualified to handle these matters.
How can I protect my lien rights on a commercial project?
In New York, protecting lien rights requires strict compliance with notice requirements and filing deadlines. Contractors must serve Notice to Owner within specific timeframes, file liens within eight months of last furnishing, and commence foreclosure actions within one year. We help clients navigate these requirements and ensure maximum protection of payment rights.
What is a mechanic’s lien and how does it work?
A mechanic’s lien is a security interest in real property securing payment for labor and materials. In New York, contractors, subcontractors, and suppliers who improve real property can file liens against that property. The lien creates leverage for payment and can ultimately lead to foreclosure and sale of the property if unpaid. Proper filing and enforcement requires technical compliance with statutory requirements.
How should I handle disputed change orders?
Change orders are a common source of disputes. We recommend: (1) documenting all changes in writing before performing work, (2) providing detailed cost breakdowns, (3) obtaining owner approval, and (4) preserving claims if forced to proceed under protest. When disputes arise, we analyze the contract terms, document the changed conditions, and pursue appropriate remedies through negotiation or litigation.
What are my options if the owner won’t pay?
Payment remedies depend on your contract position and project type. Options include: mechanic’s liens, payment bond claims, breach of contract actions, trust fund claims under Article 3-A, and in some cases, quantum meruit claims. We evaluate your specific situation and pursue the most effective collection strategy while protecting ongoing business relationships where appropriate.
How do delay claims work on commercial projects?
Delay claims require proof that: (1) delays occurred, (2) delays were caused by the party you’re claiming against, (3) delays were not your fault, and (4) you suffered damages. We work with scheduling specialists to perform critical path analysis, document causation, and calculate delay damages including direct costs, extended overhead, and acceleration costs.
What is the difference between excusable and compensable delay?
Excusable delays (like weather or unforeseen conditions) may extend your time for performance but don’t entitle you to compensation. Compensable delays (like owner-caused delays or design errors) extend time AND entitle you to damages. Some delays may be both excusable and compensable. Contract analysis is critical to determining your rights.
Should I use arbitration or litigation for construction disputes?
This depends on your contract terms and the specific dispute. Arbitration can be faster and more private but limits appeals and discovery. Litigation provides more procedural protections and appeal rights but can take longer. Many commercial construction contracts mandate arbitration. We help evaluate which forum is most advantageous for your specific situation.
“My experience at the law office of James Corbett was excellent. I was thrilled with the professionalism and the customer service that was directed towards me. I’ve used other attorneys before but none of them went above and beyond like James did for me. I highly recommend anyone that can use his service as I promise you will be happy that you did.”
🚨 Get Strategic Legal Counsel for Your Commercial Project
Don’t let legal issues derail your commercial construction project. Get experienced representation from an attorney who understands both the law and your business.
Free Consultation | Evening & Weekend Appointments Available | Serving All New York State
Why Choose James J. Corbett, P.C. for Commercial Construction Law?
Combined Experience/h3>
Unique combination of legal credentials and hands-on construction industry experience
Business Focus
Understanding of commercial realities and financial pressures beyond just legal issues
Trial Experience
Proven track record in construction litigation, arbitration, and mediation
Relationship-Focused
Aggressive advocacy balanced with protecting valuable business relationships
Responsive Service
Quick response times for time-sensitive construction matters
Cost-Effective
Efficient legal services with transparent pricing and budget-conscious approach
Real-World Construction Experience Makes the Difference
James J. Corbett’s background includes:
- Vice President & General Counsel: Led legal departments for telecommunications infrastructure and commercial construction companies
- Construction Project Manager: Hands-on management of complex construction projects from planning through completion
- Major Law Firm Experience: Trained at prominent NYC firm focused in construction litigation
- 30+ Years Practice: Three decades representing all parties in commercial construction disputes
This unique background means we don’t just understand construction law—we understand construction. We speak your language, understand your challenges, and provide practical solutions that work in the real world.
