Recent News:
Richard Kalson, a member of the firm’s Construction Law Group, has been appointed chair of the Deep Foundations Institute Risk and Contracts Committee.
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The real estate and construction industry is a major component of the global economy. In the United States alone, millions of people are employed in related occupations. Industry leaders in this sprawling and vital sector must be prepared to evolve and adapt when unforeseen circumstances arise. The COVID-19 global pandemic has brought the importance of agility to the forefront.
Cozen O’Connor has a renowned real estate and construction practice that provides clients with the long-range perspective members of the industry demand. Our attorneys regularly counsel clients on acquisitions, development, financing, construction, disposition, and disputes. The firm’s dedicated real estate lawyers are often involved in the industry’s most sophisticated deals and most complex litigation. They are privy to — and often a driving force behind — critical legal advancements. And when clients face real estate projects in distress, our distressed real estate team works with developers, investors, banks, non-bank lenders, construction companies, landlords, tenants, owners, and operators to address distressed assets head-on.
Our practice has a truly national reach, and we represent commercial and residential developers, shopping center and office developers, property owners, real estate investment trusts, banks and lenders, investors, national and regional retail companies, real estate brokerage companies, public and privately held companies, property management companies, municipalities, general contractors and subcontractors, architects and engineers, building owners and manufacturers of construction-related products. Our attorneys counsel clients on issues related to office buildings, shopping centers, warehouses, commercial and industrial structures, highways, bridges, dams, docks, piers, refineries, drilling structures, and all residential structures from single-family dwellings to apartment house complexes.
Real estate and construction are exceedingly technical fields, and Cozen O’Connor attorneys are known for the depth of their technical knowledge. Whether discussing the specifics of compressive strength, load specifications, liquidation calculations, or insurance rates, our attorneys are fluent in industry-specific terminology, operations and formulas. Having lawyers with this degree of substantive background saves time, improves communication, and results in more sophisticated advocacy on behalf of our clients.
SERVICE AREAS
Litigation
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Defend clients in commercial disputes involving real estate transactions
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Represent construction clients in cases of catastrophic personal injury or death, design errors and omissions, defects, surety and performance bond default matters, “sick building” syndrome, and delay/cost overrun damages
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Respond to OSHA and ADA civil rights violation claims
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Lead industry-wide construction products litigation and arbitrations
Transactions
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Lead real estate acquisitions, dispositions, development, and leasing deals
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Analyze and prepare construction-related contracts
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Arrange complex financings via senior debt, mezzanine debt, or structured finance
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Perform loan restructuring, workouts, and foreclosures
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Handle environmental impact assessments and risk allocation
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Advise clients on partnering, leasing, and zoning transactions
Corporate and Regulatory
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Provide guidance on insurance, indemnification, mechanic’s liens, and surety
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Counsel clients on OSHA and ADA compliance
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Assist clients with environmental regulations, land use, zoning, and condemnation laws
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Advise construction and real estate professionals on industry best practices and standards
RELATED PRACTICES
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Real Estate
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Environmental Law
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Commercial Litigation
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Corporate Law
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Labor & Employment
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Tax
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Insurance Coverage Claims/Litigation
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Subrogation
December 03, 2024
Josephine M. Bahn and Jeffery R. Mullen co-authored the expert analysis column “What Interest Rate Cuts Mean For Housing Markets” for Law360.
December 02, 2024
Anna Sanders highlights in Law 360 Pulse how Cozen O'Connor's New York office has grown significantly since moving to 3 World Trade Center.
October 21, 2024
The DoD's long-awaited Final Rule for the CMMC program introduces new cybersecurity requirements for almost all DoD contracts.
August 19, 2024
Jeffery Mullen and Josephine Bahn contributed an article to Law360 discussing pay-if-paid and pay-when-paid clauses in construction contracts.
August 14, 2024
Raymond DeLuca and Jeffery Mullen contributed an article to The Legal Intelligencer discussing the rising trend of public-private partnerships (P3) to finance, build, and maintain large infrastructure projects.
August 06, 2024
Wendy Venoit served as an editor of the Design-Build and EPC Contracting: A Practical Legal Guide published by the American Bar Association.
July 10, 2024
Brian Doll and Larry Prosen discuss the Supreme Court's elimination of Chevron Deference, which will make it easier for government contractors to challenge agency decisions and interpretations of statutes.
July 08, 2024
Eric Leonard, Larry Prosen, and Rachel Schwartz discuss the recent expansion of the Court of Federal Claims' jurisdiction over bid protests.
July 01, 2024
Eric Leonard, Larry Prosen, and Brian Doll discuss a nationwide injunction that has been issued against parts of the U.S. DOL’s 2023 Davis-Bacon Act rule, finding it exceeded statutory authority.
June 18, 2024
Douglas Mackin and Michael Filbin discuss the Massachusetts Supreme Judicial Court's recent opinion of first impression regarding the Prompt Pay Act.
May 28, 2024
Larry Prosen and Kat Slough discuss the Supreme Court's decision in Smith v. Spizzirri, that unanimously held that Section 3 of the FAA requires courts to stay, rather than dismiss, proceedings pending arbitration upon a party’s motion.
May 10, 2024
Kenny Cushing and Christopher Josten discus the Third Circuit of Appeals decision that PA’s Contractor and Subcontractor Payment Act (CASPA) allows downstream parties to recover penalty interest and attorney’s fees from upstream contractors who wrongfully withhold payment.
April 29, 2024
Jeffery Mullen and Josephine Bahn contributed an article to Law360 discussing 3D printing, which is becoming increasingly popular in construction projects.
April 19, 2024
Wendy Klein Keane contributed an article to The Construction Lawyer, discussing the risks and rewards associated with master service agreements (MSA).
April 15, 2024
The DOT announced a number of revisions to its Disadvantaged Business Enterprise (DBE) program. Larry Prosen and Brian Doll review the changes.
March 18, 2024
Wendy Klein Keane discusses the American Arbitration Association's Rules updated Construction Industry Arbitration Rules and Mediation Procedures. The rules were update to reflect technological advances, promote efficiency, and clarify rules.
February 21, 2024
The U.S. Department of Labor’s Nondisplacement of Qualified Workers Under Service Contracts Rule is back in effect and will apply to all new SCA-covered solicitations and contracts issued after February 12, 2024.
January 26, 2024
Jeffery Mullen and Josephine Bahn contributed an article to Law360 analyzing the recent forecast report released by the Associated General Contractors of America and Sage Construction and Real Estate.
January 10, 2024
Leni Cummins, Jennifer Miller, Rachel Soloman, and Anthony Riverso discuss the complexities surrounding the recent amendments to Section 756-a and Section 756-c.
January 05, 2024
Larry Prosen and Brian Doll discuss a new OSHA trade release announcing its employees will now wear safety helmets instead of hard hats while on inspection sites.
November 03, 2023
Douglas Mackin contributed the article to the American Bar Association Forum on Construction Law’s The Dispute Resolver, discussing productivity loss on construction projects.
October 26, 2023
Jeffery Mullen and Josephine Bahn contributed an article to Law360 discussing the numerous benefits and challenges the construction industry will face with AI implementation.
October 11, 2023
Stephen Seeger and Josephine Bahn outline changes to the minimum wage for federal contractor employees taking effect on January 1, 2024.
September 01, 2023
Larry Prosen and Brian Doll discuss the changes that have come to the SBA 8(a) Business Development Program following a Federal ruling out of Tennessee.
August 28, 2023
Lawrence M. Prosen and Adam R. Poliner discuss OMB's final guidance to promote American made materials in federally funded projects.
August 15, 2023
Government contractors performing federal construction work should prepare for prevailing wage rates to increase as a result of the revised regulations.
June 01, 2023
The Federal Circuit ruled that the Blue & Gold waiver rule is a non-jurisdictional claims-processing rule.
May 19, 2023
The new amendments shorten the statute of limitations for general negligence claims and the statute of repose for construction claims.
April 03, 2023
Larry Prosen and Debra Friedman discuss the Washington State Court of Appeals decision in Alstom Power Inc. v. State of Washington Department of Revenue.
January 04, 2023
On Jan. 1, "pay-if-paid” clauses in new contracts became void and unenforceable as a result of Virginia Senate Bill 550 (“SB 550”) going into effect.
May 22, 2022
Senate Bill 550 makes changes to Virginia's Prompt Payment Act and its wage theft statute that will take effect on January 1, 2023.
April 14, 2022
The House's Federal Contracting for Peace and Security Act would prohibit federal contractors from continuing to do business in the Russian Federation.
August 12, 2021
Kenny Cushing and Nick Berenato discuss the Pennsylvania Superior Court's decision in El-Gharbaoui v. Ajayi.
March 22, 2021
Matthew Weinstein and Harrison Haas discuss how climate change impacts the real estate industry and the ways property owners, developers, governmental authorities, and others intend to tackle the perceived effect of climate change.
September 17, 2020
Marion Hack contributed an article to Bloomberg Law discussing the importance for those acquiring or restructuring construction operations to perform the proper due diligence.
August 03, 2020
Cindy Lee co-authored an article for the ABA Forum on Construction Law Under Construction, discussing the USMCA revisions to the trade regulations previously governed by NAFTA.
July 09, 2020
Marion Hack and Michelle Rosenberg contributed an article to ConsensusDocs discussing the distinct difference between clauses that are conditions and clauses that are covenants in construction contracts.
June 05, 2020
Leni Cummins and Jennifer Miller discuss changes to governing documents condo and coop boards should make that better equip themselves for this new reality.
June 03, 2020
Part II of a two-part series on the income tax rules applied to taxpayers recognizing cancellation of indebtedness income.
June 02, 2020
Chris Sweeney and Alex Busch explain why now could be the perfect moment for contractors to draw a baseline and measure the impacts to date and start measuring future impacts.
May 27, 2020
Adam Silverman discusses some provisions worth considering in new lease documents in the COVID-19 era.
May 08, 2020
Adam Schlatner and Michael de Leeuw discuss potential COVID-19 related litigation, based on what is already happening and the legacy of other downturns.
May 06, 2020
Menachem J. Kastner, Emily Shoor, and Andrew Punzo discuss the case law behind New York courts applying the common law doctrines of Impossibility of Performance and Frustration of Purpose narrowly and strictly and only in limited circumstances.
May 04, 2020
Sam Mogensen and Chris Sweeney provide updates on recent stay-at-home orders in the midwest and how they are impacting the construction industry.
April 30, 2020
Joe Bright advises real estate owners to consider filing an appeal of the assessed values assigned to properties for the tax year 2021.
April 29, 2020
Nick Berenato discusses New York's plan to reopen in phases.
April 10, 2020
Chris Sweeney, Stephen Seeger, Jesse Keene, and Alex Busch detail the various stay-at-home orders issued by Midwest states and the impact of each on the construction industry.
April 10, 2020
Nick Berenato and Chris Sweeney discuss New Jersey's latest executive order and what it means for construction project sites.
April 10, 2020
Thomas J. Gallagher and Dennis L. Cohen discuss the intricacies of section 467 lease agreements and the surprising and unexpected consequences.
April 02, 2020
Leni Cummins, David Hackett, and Marty Schrier discuss how property owners and condo and coop boards can take advantage of programs in FFCRA and the CARES Act.
March 31, 2020
Leni Cummins and Jennifer Miller discuss the Department of Building's guidance following Governor Cuomo's order halting all non-essential construction in New York.
March 31, 2020
Chris Sweeney, Stephen Seeger, Jesse Keene, Kelly Trout, and Alex Busch discuss the D.C. mayor's order closing all non-essential businesses and how it impacts the construction industry.
March 27, 2020
Nicholas Berenato, Chris Sweeney, Stephen Seeger, Jesse Keene, and Alex Busch review the executive orders from the governors of Delaware, New York, New Jersey, and Pennsylvania and the impact on the construction industry.
March 25, 2020
Chris Sweeney, Stephen Seeger, Jesse Keene, and Alex Busch discuss orders in California, Oregon, and Washington closing businesses due to coronavirus.
December 23, 2024
Richard Kalson, a member of the firm’s Construction Law Group, has been appointed chair of the Deep Foundations Institute Risk and Contracts Committee.
October 11, 2024
Super Lawyers has named two Cozen O’Connor attorneys to its 2024 list of top practitioners in Massachusetts.
October 11, 2024
Wendy Venoit, a member of the firm’s Construction Law Practice, has been inducted into the National Academy of Construction (NAC).
September 10, 2024
Marion Hack and J. Michael Schiff were quoted in a San Diego Business Journal article discussing Schiff’s transition to Cozen O’Connor’s San Diego office and its impact on the firm’s Construction Law Group.
August 05, 2024
Schiff brings a 14-plus year track record of representing clients in high-profile disputes involving infrastructure, industrial and multifamily projects, retail centers, hotels, and office parks.
April 30, 2024
Lawrence Prosen was quoted in a Construction Dive article discussing the DOT’s new final rule for its Disadvantaged Business Enterprise workforce participation plan, which refines and specifies numerous aspects of the plan.
March 21, 2024
Bruce Ficken and Marion Hack were quoted in a Law.com article discussing Marion and her team’s transition to Cozen O’Connor.
December 01, 2023
Wendy Venoit was interviewed by the Construction Super Conference to share insights about her experience with high-stakes construction projects.
May 31, 2023
Cozen O’Connor is proud to announce that Wendy Venoit, a member of the firm’s Construction Law Group, has been named a 2023 Massachusetts Go To Construction Lawyer by Massachusetts Lawyer Weekly.
May 24, 2023
Super Lawyers has selected 42 Cozen O'Connor attorneys to the 2023 Pennsylvania Super Lawyers and Rising Stars lists.
June 01, 2022
Super Lawyers has selected 49 Cozen O'Connor attorneys to the 2022 Pennsylvania Super Lawyers and Rising Stars lists.
February 28, 2022
Richard has joined the New York Office located at 3 World Trade Center as a member.
July 26, 2021
The former vice president and litigation and risk management counsel brings to this nationally recognized construction practice close to two decades of distinguished experience having managed hundreds of litigations and arbitrations through discovery, hearings, appeals, and/or settlement.
March 08, 2021
Knipe has spent the past 15 years with Silverstein Properties, serving in the capacity of chief legal officer and corporate secretary, and was instrumental in the rebuilding of the World Trade Center properties after 9/11.
September 29, 2020
Marion Hack was quoted in a Construction Dive article discussing the importance of contractors documenting their work processes.
September 08, 2020
Riley joins the firm as a member within the firm’s Commercial Litigation department. Additionally, Riley will be a part of the Labor & Employment, Class Actions, and Appellate practice groups.