Residential and Multi-Family

Experience

Residential and multi-family builders face unique challenges and P&A has the expertise and bench strength to guide our clients through them. From initial contract preparation through dispute resolution, P&A is a partner to the homebuilding and multi-family construction industry. P&A’s expertise includes:

  • Construction defect claims, including downstream defect allocation
  • Design defect claims
  • Common-interest community/property owners’ association claims
  • Liens and bonds
  • Defense of jobsite injury claims
  • Contract negotiations and disputes
  • Easement disputes
  • Nuisance claims
  • Management of warranty claims and warranty disputes
  • Legislatively mandated dispute resolution processes
  • Purchase Agreement contracts
  • Professional services agreements
  • Trade partner / subcontractor contract preparation and negotiations
  • Employee handbooks
  • Employer/employee disputes and fiduciary duty claims

Dispute Resolution

We work with our clients early in the warranty claim or pre-suit notice stage and use our experience and expertise to minimize the costs and expense of litigation. Our experience and our creative dispute resolution strategies allow us to evaluate a claim early, exhausting all options before undertaking litigation or arbitration. Many of our attorneys are regularly asked to serve as mediators and arbitrators in homebuilder/homeowner and multi-family construction disputes. Our clients benefit from early and rare insight into how their case will be perceived by decision-makers in similar cases.

We have expertise in statutes governing claims against builders, such as pre-suit notice, right to inspect, and right to repair, cure or settle. We work with our clients to ensure their statutory rights are exercised to afford them the greatest protection and risk mitigation.

But when early intervention fails, we litigate or arbitrate with dogged determination. Our experience includes:

  • Mediation
  • Warranty dispute resolution
  • Bench and jury trials
  • Arbitrations, ranging from small to multi-arbitrator panel proceedings

We efficiently marshal the evidence; thoroughly prepare the witnesses; manage the experts and their forensic investigations; and create compelling presentations to ensure that judges, juries or arbitrators easily grasp the issues and our arguments. We leave no stone unturned as we prepare and advocate on your behalf.

Contracts

Our transactional attorneys regularly prepare all forms of contracts related to residential projects, whether they are based on a fixed price, cost plus a fee, or another alternative method, as well as subcontracts, purchase orders, professional services agreements, consulting agreements and many other forms of agreements required for a residential project. Our attorneys draw on the depth of their transactional and litigation experience to prepare agreements that properly allocate and mitigate risk, as well as successful negotiation of these agreements. We also guide our clients in setting up quality control procedures during construction to proactively mitigate the risk of construction defect claims. Additionally, we closely monitor cases and legislation for any changes that could affect contracts or impact residential construction.

PROFESSIONALS

Insights

  • The Status of OSHA’s Impending Heat Stress Standard

    This article was written for the ConsensusDocs newsletter and first appeared here. There has been much talk in the last several months about OSHA’s intent to establish a national standard to prevent heat-related injury and illness. OSHA’s Region VI, covering the states of Texas, Louisiana, Arkansas, Oklahoma, and New Mexico[1], has had a regional emphasis […]

  • 17 Peckar & Abramson Attorneys Recognized by Who’s Who Legal: Construction; Denis Serkin One of Only Four US Attorneys Recognized as a Future Leader

    Peckar & Abramson, P.C. (P&A) is pleased to announce that 17 attorneys have been recognized by Who’s Who Legal (WWL) and are included in the WWL 2022 edition of Who’s Who Legal: Construction. Among the list is Denis Serkin, partner and chair of P&A’s International practice, who is one of only four US attorneys recognized […]

  • Peckar & Abramson Partner Kevin O’Connor Named a 2022 NJBIZ Leaders in Law Honoree

    Peckar & Abramson, P.C. (P&A) is pleased to announce that Kevin J. O’Connor, partner in the firm’s River Edge, New Jersey office, has been named a 2022 NJBIZ Leaders in Law honoree. NJBIZ defines their process as “an open nomination period, followed by a selection of honorees by a panel of independent judges with experience […]

  • Tariffs, a Pandemic and War: Construction Contracts Must Withstand the Unforeseeable

    Peckar & Abramson attorneys Adam Handfinger and Brett Moritz of the Miami office and Adrian Bastianelli III of the Washington D.C office have co-authored the article, “Tariffs, a Pandemic and War: Construction Contracts Must Withstand the Unforeseeable.” The article, written for Construction Executive, discusses the impacts of materials shortages and price increases, labor shortages, and breakdowns in the supply chain, […]

  • Lauren Rayner Davis Quoted in Construction Observer Article: “Construction Industry Confronts Drug Abuse Among Workers”

    P&A attorney Lauren Rayner Davis was quoted in Commercial Observer‘s article, “Construction Industry Confronts Drug Abuse Among Workers,” published on May 10, 2022. This article examines the significant rise in substance issues facing the nation at large and its impacts on the construction workforce. Lauren told Commercial Observer, “one of the most significant challenges is […]

  • Peckar & Abramson Adds Seven Attorneys in First Quarter of 2022

    National construction law firm Peckar & Abramson, P.C. (P&A) is pleased to announce that seven attorneys joined the firm in the first quarter of 2022 in four of the firm’s 11 offices. Now among the firm’s partners, senior counsel, and associates, these attorneys have strengthened the ranks of P&A’s Boston, Los Angeles, River Edge, and […]

  • Super Lawyers® Names Four Peckar & Abramson Attorneys to 2022 Washington, DC List

    National construction law firm Peckar & Abramson, P.C. (P&A) is pleased to announce that four attorneys have been named to the 2022 Washington, DC Super Lawyers® and Rising Stars lists. According to the publication, the lists are exclusive, recognizing no more than five percent of attorneys in each jurisdiction as Super Lawyers and no more […]

  • Legal Q and A: Project Cybersecurity Liability

    Richard R. Volack, partner and chair of Peckar & Abramson’s Cyber Security & Data Privacy practice, recently answered The Construction Broadsheet‘s readers’ cybersecurity questions as part of the publication’s “Legal Q&A” feature. The questions included: We are a subcontracting firm working on a large project, and most daily communication is handled via email. One of […]

  • Second Circuit Brings Clarity To Scope of “Joint Employer” Theory in Discrimination Cases

    This article was written for the ConsensusDocs newsletter and first appeared here The “joint employer” doctrine has been used with increasing frequency by the plaintiffs’ bar to broaden the scope of target defendants in discrimination cases beyond those who would be traditionally regarded as the employer. This is true even in the construction industry, which […]

  • Peckar & Abramson Attorneys Levi W. Barrett and Michael C. Zisa Named Co-Managing Partners

    Peckar & Abramson, P.C. (P&A) is pleased to announce that Levi W. Barrett, chair of the firm’s contracts, project documentation, and risk management practice, has been named co-managing partner of the firm’s New Jersey office; and Michael C. Zisa, chair of the firm’s surety practice and co-chair of the crisis management team, has been named co-managing partner […]

  • Super Lawyers® Names 17 Peckar & Abramson Attorneys to Their 2022 Illinois, New Jersey, Southern California, and Texas Lists

    Peckar & Abramson, P.C. (P&A) is pleased to announce that 17 attorneys have been named to the 2022 Illinois, New Jersey, and Southern California Super Lawyers® and Rising Stars lists and the 2022 Texas Rising Stars list. According to the publication, the lists are exclusive, recognizing no more than five percent of attorneys in each jurisdiction as […]

  • Time To “Construct” New Social Media Policies

    This article was written for the ConsensusDocs newsletter and first appeared here I. The Social Media Dilemma Social media has significantly impacted all facets of society, especially the way people communicate. Its impact and application to the construction industry is no different. TikTok, the video-sharing platform, is one of the world’s most popular platforms today, […]

  • Peckar & Abramson Mourns the Passing of Partner Lori Ann Lange

    Lori Ann Lange, beloved sister, friend, colleague, and esteemed attorney at Peckar & Abramson, P.C., passed away suddenly last week at her home. Nearly 35 years ago, Lori began her career and established herself as a force in the government contracts bar. When Lori joined P&A’s Washington, D.C. office at its inception nearly 17 years […]

  • New York State Labor Law Amendments: Expanded Protections for Employees

    Christopher Bletsch, a partner in Peckar & Abramson’s New York office, has written “New York State Labor Law Amendments: Expanded Protections for Employees,” an article for the Long Island Contractors’ Association‘s Long Island Road Warriors magazine. Chris discuses two recent amendments to the New York Labor Law that took effect earlier this year that are […]

  • Second Circuit Clarifies What Must Be Alleged to Establish “Joint Employer” Liability in the Context of Federal Employment Discrimination Claims

    The “joint employer” doctrine has been used with increasing frequency by the plaintiffs’ bar to broaden the scope of target defendants in discrimination cases beyond those who would be traditionally regarded as the employer.  This is true even in the construction industry, which has seen a rise in cases where general contractors or construction managers […]

  • Top Ten Motions in Limine

    Kevin O’Connor, chair of Peckar & Abramson’s Business Litigation practice and vice-chair of the firm’s Labor & Employment practice, and attorney Lauren Rayner Davis have co-authored “Top Ten Motions in Limine,” an article for the Defense Research Institute (DRI)’s For The Defense magazine. The motion in limine is a critical weapon for an attorney defending […]

  • Seasoned Construction and Government Contracts Attorney Steven Weber Joins Peckar & Abramson Strengthening the Firm’s Bench in Washington, D.C.

    National construction law firm Peckar & Abramson, P.C. (P&A) is pleased to announce that attorney Steven Weber has joined the firm’s Washington, D.C. office as a partner.  A member of the firm’s Construction & Infrastructure and Government Contracts practice groups, Steve has 25+ years of experience representing domestic and international contractors in a wide range […]

  • Infrastructure Funding: A Breakdown for Florida Transportation Builders

    Neal I. Sklar, partner in Peckar & Abramson’s Miami office, and Ryan A. Weiss, associate in the Miami office, co-authored “Infrastructure Funding: A Breakdown for Florida Transportation Builders,” an article for the Florida Transportation Builders’ Association‘s magazine. The article appeared in the magazine’s Winter 2021 edition and can be read here.

  • Legal Q and A: Crisis! Come up with a plan before trouble starts

    Michael C. Zisa, chair of Peckar & Abramson’s Surety and Construction Related Insurance Defense practice, and co-chair of the firm’s Crisis Management team, recently answered The Construction Broadsheet’s readers’ crisis management questions as part of the publication’s “Legal Q&A” feature. The questions included: (1) Our firm is a general construction company involved in many projects, some […]

  • Employers Take Note: Mandatory Arbitration Provisions Soon To Be Invalid for Cases Involving Sexual Harassment Allegations

    On February 10, 2022, the U.S. Senate passed a bill that will make mandatory arbitration provisions unenforceable for claims in the United States “relating to sexual harassment disputes or sexual assault disputes.” It is anticipated that President Biden will sign the bill and once signed, it becomes the law of the land. Importantly, the law […]