Construction Industry

HNRK has extensive experience counseling, litigating and arbitrating on behalf of public and private clients in the construction, engineering, and real estate fields in matters involving project delays, change order disputes, differing site conditions, and other contract issues.

This experience includes, for example, the firm’s longtime representation of the Metropolitan Transportation Authority (MTA) and its affiliated operating authorities in connection with its capital construction program. HNRK’s insurance recovery practice also includes representation of policyholders in construction-related insurance claims, where insurance for alleged construction damage may be challenged by the insurer.

Representative Matters

• Lockheed Martin v. MTA, MTA Capital Construction Co. (S.D.N.Y.) – Represented MTA and its capital construction program in a breach of contract action arising from the installation of an electronic security system that was to be installed throughout the mass transit system. MTA was sued for $150 million and counterclaimed for $200 million due to the failure of promised technology. HNRK tried the case before a federal district judge over the course of five weeks in the fall of 2014 and is awaiting a decision.
• Stonewall v. Long Island Rail Road, (Sup. Ct., Kings Co.) – Represented the LIRR in an action brought by a contractor claiming it is due damages for delays incurred in connection with the construction of the new LIRR railroad station in Brooklyn (the Atlantic Terminal).
• F&S Contracting v. Greater Jamaica Development Corp; Greater Jamaica Development Corp v. Long Island Rail Road et al. (Sup. Ct., N.Y. Co.) – Represented the LIRR in a third-party action in connection with its role in supporting the redevelopment of the Jamaica Avenue retail area adjacent to the LIRR’s Jamaica station.
• MacArthur Properties v. MTA (Sup. Ct., N.Y. Co.) – Represented the MTA in an action brought by an owner of property along Second Avenue who claimed he suffered a diminution of value and lost rent due to excavation and construction work for the new Second Avenue subway line. In September 2018, the Appellate Division, First Department unanimously affirmed a previous judgment and dismissed the complaint.    
• Matter of McGowan Builders – Currently serve as counsel to the Battery Park City Authority in connection with the settlement of a dispute arising from work performed on Phase III of the Building Restoration portion of the Pier I project.
• Visionaire Matter – Investigated cause and extent of construction defects on a new “green” Battery Park City Authority building and made recommendations in a report to the Authority.
• Cruz Aponte v. Caribbean Petroleum Corp., et al. (D.P.R.) – Represented an international testing company in a $500 million class action claim arising from an explosion and fire at an oil terminal in Bayamon, Puerto Rico. The case was successfully settled on the eve of trial.
• Sinclair Wyoming Refinery Company v. Pro-Inspect, Inc. et al. (D. Wyo.) – Defended Pro-Inspect against $180 million claim for property damage to the Sinclair Refinery for failure to detect a faulty pipe which caused an explosion at the refinery.  The case went to trial before a federal district judge and is awaiting a decision.
• Mortensen Mid-Atlantic v. Dickenson Cameron Construction – Represented Dickenson Cameron in a lien foreclosure action and counterclaim for breach of contract and delay damages.
• Anvil Ironworks v. Dickenson Cameron Construction – Represented Dickenson Cameron Construction (DCC) in a claim by a materials supplier who was in a dispute with its own contractor, which brought an injunction against DCC to recover the materials that DCC would not release. HNRK also represented DCC in a lien dispute with Reliable Electric of NYC in connection with work done at the New York showroom of Tesla Motors. HNRK successfully had the improperly-filed lien removed.
• First Mercury Is. Co. v. Nova Restoration of NY, Inc. et al. (Sup. Ct., N.Y. Co.) and American Empire Surplus Lines Ins. Co. v. Nova Restoration of NY, Inc. (Sup. Ct., N.Y. Co.) – Representing a leading exterior restoration construction company in an insurance coverage action for alleged property damage in a condominium restoration project.
• Representing a commercial property owner and a housing cooperative in an insurance coverage dispute relating to damage allegedly caused by a university’s construction at a neighboring property.
• D.K. Property, Inc. v. 34 Prince Equities, LLC, Time Equities, Inc. and Carrickmore/PG LLC (Sup. Ct., N.Y. Co.) – Representing the owner of a 30-unit New York City apartment building in connection with its claim for insurance coverage for damage allegedly cause by construction of an adjacent $100 million apartment complex.