Construction

Construction industry professionals, owners and contractors face a broad spectrum of issues in each phase of the construction process. Success requires skillful navigation of everything from financing and environmental issues to contracts, insurance and performance disputes.

Chiesa Shahinian & Giantomasi’s Construction Group delivers for clients - - every step of the way. Our experienced construction attorneys offer unique, creative approaches to anticipating and solving the problems our clients face in order to keep projects on track and on schedule. Whether engaged to provide counsel in the initial design stage or to resolve complex disputes, Chiesa Shahinian & Giantomasi lawyers draw upon their broad experience in the construction industry to provide client-focused, goal-oriented solutions.

Our attorneys come from a variety of backgrounds, from career construction litigators to in-house counsel responsible for managing corporate construction portfolios. We have first-hand knowledge of construction project management issues, cost estimation and risk assessment at each point in a project’s lifecycle. We also are at the forefront of breaking trends and developing issues through active involvement in construction and surety legal associations, and through our involvement in these associations, we frequently lecture and educate other legal and construction professionals. Our Construction Group is ranked among the top such practices in New Jersey in the 2010 inaugural "Best Law Firms" rankings published by U.S. News and Best Lawyers.

Chiesa Shahinian & Giantomasi’s Construction Group provides a full array of construction-related services, including:
  • Negotiating and drafting construction contracts
  • Structuring and coordinating financing with underwriters, institutional lenders and public entities
  • Providing insurance and surety coverage analysis
  • Resolving environmental issues
  • Counseling clients during the construction phase of a project, including resolution of disputes between owners, contractors, subcontractors and material suppliers
  • Analyzing lien issues and litigating lien foreclosure actions
  • Formulating, developing, prosecuting and defending construction claims
  • Mediating and arbitrating construction disputes
  • Litigating construction disputes in state and federal courts throughout the country
Construction Litigation and Dispute Resolution

While we work closely with our clients to resolve disputes, we also recognize that litigation sometimes is unavoidable. Chiesa Shahinian & Giantomasi clients benefit from our litigation and arbitration experience in federal, state and bankruptcy courts, as well as before local, regional and national tribunals.

Architects and Engineers Professional Liability

Chiesa Shahinian & Giantomasi has represented architects and engineers in defense of defective design cases, as well as owners, contractors and sureties in claims against architects and engineers for negligence or defective design. Chiesa Shahinian & Giantomasi's A&E practice includes attorneys who have broad and extensive experience in construction and construction litigation. Our attorneys have litigated construction and design errors and omissions cases extensively in New York, New Jersey and throughout the U.S.

Representative cases include:
  • Disputes related to the construction of a new $400 million facility for a Fortune 500 company in Missouri
  • Disputes concerning the renovation of an historic courthouse in upstate New York
  • Litigation arising out of the construction of a cogeneration power facility in Central California
  • Claims arising out of the new construction and renovation of three schools in Central New Jersey
  • Litigation and related alternative dispute resolution proceedings concerning the design and construction of the curtain wall of New Jersey's tallest skyscraper
  • Litigation arising from the alleged default on a wastewater treatment plant in Wyoming
  • Arbitration proceedings concerning improper design of a cogeneration facility in New Jersey
  • Arbitration proceeding regarding the interior demolition, asbestos abatement and refitting of a Fortune 500 corporation's former headquarters
  • Litigation and related alternative dispute resolution proceedings arising out of a contract for the construction of a housing project, including the rehabilitation of existing historic structures and the construction of new structures
  • Litigation involving improper installation of and leakage in an underground oil storage facility
  • Litigation arising out of a contractor's alleged default in connection with the renovation and conversion to luxury condominium units of a landmark building in Tribeca, New York City
  • Representation of a multi-national general contractor in the Chapter 11 bankruptcy proceeding of an owner that was filed in the midst of a $250 million construction contract
  • Litigation commenced by a school district alleging damages resulting from the faulty manufacture and installation of a wastewater disposal system
  • Arbitration proceeding regarding a contract to design and construct a dormitory and support buildings at a women's prison in New Jersey
  • Defense of claims brought by an owner to recover damages resulting from the collapse of the roof on a high-rise office building
  • Claims brought by contractors during and after the construction of a terminal at Newark Liberty Airport
  • Jury trial in a case against a designer and installer of combustion systems for our client’s steam boiler
  • Dispute over the renovation of an existing building and construction of a new building for a non-profit organization
  • Litigation arising out of a contract for the construction of a Miami Beach high-rise hotel and condominium development
  • Litigation involving claims of design deficiencies by architect and engineers of a school turf field
  • Arbitration of alleged design deficiencies, delays and construction contract breaches relating to the conversion of a major commercial building in New York City to luxury condominiums
Construction Contracting

In the area of construction contracting, Chiesa Shahinian & Giantomasi represents clients involved in a broad range of projects – from flight simulation and testing facilities to entertainment venues and biomedical facilities. We negotiate architect’s agreements, construction management agreements, design/build contracts and a variety of other construction agreements. We are well-versed in both public construction and the bid process for state-funded projects.

Examples of our contract negotiation experience include:
  • Design, fabrication and erection agreement for an amusement ride valued at more than $35 million
  • Construction project management agreement for a bio-medical research and office building phased construction valued at more than $35 million
  • Construction project management agreement for all structural work required for an entertainment and retail space valued at more than $200 million
  • Design build agreement for a flight simulation/office center valued at more than $15 million
  • Construction project management agreement for a performing arts center valued at more than $30 million
  • Construction management agreement for a hotel/condominium space with public parking deck valued at more than $40 million
  • Architect’s agreement for the design of an ambulatory surgical center with an MRI facility
  • Construction and architect agreements for a retailer’s annual expansion program
  • Construction project management agreements for a banking firm’s global expansion
  • Construction agreements for a multi-state multiplex theater chain