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Decades of leadership in construction law extends to a full spectrum of legal services, focused on results, client service and value.
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Client’s Right to Millions in Consequential Damages Upheld
Peckar & Abramson’s Texas lawyers won an appeal before the Court of Appeals for the Ninth District of Texas, entitling their client to recover consequential damages and rejecting the defendant’s argument that its proposal’s terms and conditions were part of the contract. The case affirms long-standing contract principles under the Uniform Commercial Code (“UCC”) and ... Read More
$400 Million Settlement
Peckar & Abramson is proud to have represented Flatiron/Dragados LLC in the achievement of the $400 million settlement announced by the Texas Department of Transportation (TxDOT) on October 12, 2023 arising out of the construction of the new Harbor Bridge in Corpus Christi, Texas. In addition to settling all outstanding disputes and damage claims, TxDOT also removed ... Read More
No Damages
P&A’s New York lawyers secured a favorable judgment in the United States District Court for the Northern District of New York. The case involved claims by a New York hemp seed broker alleging that our client, a Colorado hemp grower, sold it defective hemp seeds. The broker, who resold the hemp seeds for a profit ... Read More
An Important Precedent
P&A’s New Jersey lawyers secured a favorable judgment in the United States District Court for the Eastern District of New York. Our attorneys successfully defended a claim for single employer and alter ego status wherein a labor union’s benefit funds filed a complaint seeking to bind our client, a paving contractor in the New York ... Read More
A Case of First Impression
In a case of first impression, P&A represented a general contractor, whose home office is in Maryland, with respect to a project in New Jersey. A subcontractor brought a lawsuit against the general contractor in state court in New Jersey. The subcontract between P&A’s client and the subcontractor identified Maryland as the choice of venue. ... Read More
Bench Trial Success
Peckar & Abramson’s Houston lawyers secured a judgment in the Harris County District Court. Our attorneys successfully defended a claim for wrongful termination and delay damages brought by a subcontractor against our highway contractor client and its payment bond surety. P&A’s client was also counterclaiming for excess completion costs. Peckar & Abramson tried the case ... Read More
Bet the Company – and Win
Peckar & Abramson’s Chicago office scored a victory on behalf of its client in a true “bet the company litigation”. The Plaintiff, a global and well-funded competitor, alleged that our client had engaged in fraud and conspiracy, while improperly aiding and abetting unfair competition practices. The plaintiff’s sought punitive damages that would have bankrupted our ... Read More
P&A Closes $10.5 million Acquisition on Behalf of European Contractor
Peckar & Abramson’s M&A team recently represented a European Contractor in the successful closing of its $10.5 million purchase of the controlling interest of a heavy highway and civil contractor. Our M&A team structured the transaction and negotiated the purchase agreement, LLC membership agreements, executive employment agreements and other transaction documents. Our team conducted a ... Read More
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Peckar & Abramson Founding Partner Robert S. Peckar Named to City & State New York’s “Trailblazers in Law” List
Peckar & Abramson, P.C. (P&A) is pleased to announce that founding partner Robert S. Peckar has been named to City & State New York’s 2024 “Trailblazers in Law” list. According to City & State, “The Trailblazers in Law puts a spotlight on attorneys, academics, public officials, and others who have shaken up the legal field ... Read More
Waiving Consequential Damages—What Could Go Wrong?
This article was written for the ConsensusDocs newsletter and first appeared here. You are inexcusably late with construction of a football stadium, a casino, or similar project that generates large income for the owner. The indirect damages, often referred to as consequential damages, that flow from the delay can be astronomical to the point of ... Read More
Super Lawyers® Names David J. Scriven-Young to 2024 Illinois Super Lawyers List
Peckar & Abramson, P.C. (P&A) is pleased to announce that David J. Scriven-Young has been named to the 2024 Illinois Super Lawyers® list. According to the publication, the list is exclusive, recognizing no more than five percent of attorneys in each jurisdiction as Super Lawyers. Edward O. Pacer, managing partner of P&A’s Chicago office, commented, ... Read More
United States Department of Labor Finalizes Independent Contractor Rule
On January 10, 2024, the Wage and Hour Division of the U.S. Department of Labor issued its long awaited final rule, Employee or Independent Contractor Classification Under the Fair Labor Standards Act.[1] The rule addresses how to determine whether a worker is properly classified as an employee or independent contractor under the Fair Labor Standards Act ... Read More
Final Rule Regarding Project Labor Agreement Requirements for Large-Scale Federal Construction Projects
Beginning on January 22, 2024, in compliance with President Biden’s February 4, 2022 Executive Order, 14603, federal construction projects with a total estimated cost of $35 million are required to utilize a project labor agreement (“PLA”) unless the contracting agency grants an exception. The Federal Register estimates that this rule will impact approximately 119 IDIQ ... Read More
Paul Monte Named to amNY Metro and PoliticsNY’s “Power Players in Transportation” List
Peckar & Abramson, P.C. (P&A) is pleased to announce that partner Paul Monte has been named to amNY Metro and PoliticsNY’s “Power Players in Transportation” list. According to the publication, the list “highlights the transportation leaders across New York” who “keep the city moving while driving change and innovation across all facets of transportation.” The ... Read More
New York Revises Retainage Requirements for Private Construction Contracts: Overview of the “5% Retainage Law”
On November 17, 2023, the State of New York enacted the “5% Retainage Law.” This legislation effectively limits the amount of retainage that can be held from general contractors and subcontractors to no more than 5%. It applies to many but not all construction contracts. In addition, the new law revises late stage billing requirements, ... Read More
Peckar & Abramson Welcomes Charles Fombrun, Jennifer Harris, and Mark Snyder as Partners; Announces Additional Promotions to Senior Counsel, Senior Associate, and Special Counsel Ranks
Peckar & Abramson, P.C. (P&A) is pleased to announce that Charles E. Fombrun of the firm’s Miami office, Jennifer Harris of the firm’s Washington D.C. office, and Mark A. Snyder of the firm’s New York office have been promoted to Partner. P&A is also pleased to announce the promotion of the following attorneys to Senior ... Read More
Merger and Disclaimer of Reliance Clauses: Guarding Against Crossed Fingers
This article was written for the ConsensusDocs newsletter and first appeared here. We have all been there, though we would likely want to forget it. The nightmare project is over and after much back-and-forth negotiations over dueling claims, the parties finally reach an agreement to settle their dispute. The lawyers prepare a global settlement agreement ... Read More
Identifying and Mitigating Risk in an Ever-Changing Construction Market
Nathan A. Cohen, managing partner of P&A’s Los Angeles office, authored “Identifying and Mitigating Risk in an Ever-Changing Construction Market” for the Engineering News-Record’s Law & Risk Mitigation Today II issue. This article highlights practical and equitable approaches to determining the most effective ways to price and mitigate risks associated with construction projects. The full ... Read More