Real Estate & Construction

Featured Publication:

Department of Defense Publishes Final Rule on Cybersecurity Maturity Model Certification [Alert]

The DoD's long-awaited Final Rule for the CMMC program introduces new cybersecurity requirements for almost all DoD contracts.

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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

  • Defend clients in commercial disputes involving real estate transactions
  • 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
  • Respond to OSHA and ADA civil rights violation claims
  • Lead industry-wide construction products litigation and arbitrations

Transactions

  • Lead real estate acquisitions, dispositions, development, and leasing deals
  • Analyze and prepare construction-related contracts
  • Arrange complex financings via senior debt, mezzanine debt, or structured finance
  • Perform loan restructuring, workouts, and foreclosures
  • Handle environmental impact assessments and risk allocation
  • Advise clients on partnering, leasing, and zoning transactions

Corporate and Regulatory

  • Provide guidance on insurance, indemnification, mechanic’s liens, and surety
  • Counsel clients on OSHA and ADA compliance
  • Assist clients with environmental regulations, land use, zoning, and condemnation laws
  • Advise construction and real estate professionals on industry best practices and standards

 

RELATED PRACTICES

  • Real Estate
  • Environmental Law
  • Commercial Litigation
  • Corporate Law
  • Labor & Employment
  • Tax
  • Insurance Coverage Claims/Litigation
  • Subrogation

 

 

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Experience

Publications

Department of Defense Publishes Final Rule on Cybersecurity Maturity Model Certification [Alert]

October 21, 2024

The DoD's long-awaited Final Rule for the CMMC program introduces new cybersecurity requirements for almost all DoD contracts.

Understanding 2 Types Of Construction Payment Clauses [Law360]

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.

Public-Private Partnerships: New Opportunities, New Risks [The Legal Intelligencer]

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.

Design-Build and EPC Contracting: A Practical Legal Guide [American Bar Association]

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.

How the End of Chevron Deference Could Impact Government Contractors [Alert]

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.

Federal Circuit Increases Jurisdictional Scope for Bid Protests in Percipient.ai, Inc. v. United States [Alert]

July 08, 2024

Eric Leonard, Larry Prosen, and Rachel Schwartz discuss the recent expansion of the Court of Federal Claims' jurisdiction over bid protests.

Federal Judge Blocks Portions of Department of Labor Rulemaking on Davis-Bacon Act [Alert]

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.

Massachusetts Rules Defenses to Prompt Pay Act Violations Retained if Payment Made Before Assertion [Alert]

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.

Supreme Court Says “Stay” Means “Stay,” Not “Dismiss,” in Resolving FAA Circuit Split

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.

Third Circuit Rules on Pennsylvania Prompt Payment Act, Affirms Penalty Interest and Attorney's Fees [Alert]

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.

How 3D Printing And Prefab Are Changing Construction [Law360]

April 29, 2024

Jeffery Mullen and Josephine Bahn contributed an article to Law360 discussing 3D printing, which is becoming increasingly popular in construction projects.

Mastering MSAs [The Construction Lawyer]

April 19, 2024

Wendy Klein Keane contributed an article to The Construction Lawyer, discussing the risks and rewards associated with master service agreements (MSA).

US DOT Updates its Rules Regarding the Disadvantaged Business Enterprise Program [Alert]

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.

AAA Updates Its Construction Industry Arbitration Rules and Mediation Procedures

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.

Back Again: U.S. Department of Labor Issues Final Rule on Nondisplacement of Qualified Workers [Alert]

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.

Trends That Will Shape the Construction Industry in 2024 [Law360]

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.

New York Sets Maximum Construction Contract Retainage at 5% for Private Projects [Alert]

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.

Trade in Your Hard Hat for a Safety Helmet [Alert]

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.

Toolbox Talk Series Recap – Using a Measured Mile Analysis to Compare Productivity on a Construction Project

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.

Rebuilding The Construction Industry With AI [Law360]

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.

Federal Contractor Hourly Minimum Wage Increased to $17.20 Starting January 1, 2024 [Alert]

October 11, 2023

Stephen Seeger and Josephine Bahn outline changes to the minimum wage for federal contractor employees taking effect on January 1, 2024.

Court Ruling Leads to Major Change in SBA 8(a) Social Disadvantage Determination Policy [Alert]

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.

Build America, Buy America Final Guidance Issued [Alert]

August 28, 2023

Lawrence M. Prosen and Adam R. Poliner discuss OMB's final guidance to promote American made materials in federally funded projects.

Changes Coming for Government Construction Contractors as DOL Revises Davis-Bacon Act Regulations [Alert]

August 15, 2023

Government contractors performing federal construction work should prepare for prevailing wage rates to increase as a result of the revised regulations.

Whose Standing Now? Federal Circuit Changes Jurisdiction Precedent for Bid Protests [Alert]

June 01, 2023

The Federal Circuit ruled that the Blue & Gold waiver rule is a non-jurisdictional claims-processing rule.

Florida Shortens Time to File Construction Claims and Imposes Materiality Requirement for Building Code Violations [Alert]

May 19, 2023

The new amendments shorten the statute of limitations for general negligence claims and the statute of repose for construction claims.

Federal Contractors May Be Blindsided by the Reach of State Sales and/or Use Taxes [Alert]

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.

Pay-If-Paid No Longer Enforceable in Virginia [Alert]

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.

New Virginia Law Prohibits Pay-If-Paid Clauses in Construction Contracts

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.

In or Out? House Pressures Federal Contractors to Exit Russian Market

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.

Pennsylvania’s Prompt Payment Act Applies to Mixed Use Construction [Alert]

August 12, 2021

Kenny Cushing and Nick Berenato discuss the Pennsylvania Superior Court's decision in El-Gharbaoui v. Ajayi.

Climate Change – Real Estate Impact [White Paper]

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.

Due Diligence Is Key When Buying a Construction Operation [Bloomberg Law]

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.

What the United States-Mexico-Canada Agreement Means for International Construction Disputes [Under Construction]

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.

Covenants vs. Conditions in Construction Contracts [ConsensusDocs]

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.

Boards Should Prepare Now for a Potential Second Wave of COVID-19

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.

Debt Cancellation Income Arising in Connection with the Ownership of Real Estate

June 03, 2020

Part II of a two-part series on the income tax rules applied to taxpayers recognizing cancellation of indebtedness income.

Now is the Time for Construction Impact Claims [Alert]

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.

Lease Provisions To Consider in the Age of COVID-19

May 27, 2020

Adam Silverman discusses some provisions worth considering in new lease documents in the COVID-19 era.

COVID-Driven Commercial Litigation – What Businesses Can Expect

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.

Commercial Tenants Raising Impossibility of Performance and Frustration of Purpose [Alert]

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.

Midwest States Allow Resumption of Some Construction Projects [Alert]

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.

Real Estate Tax Appeals [Alert]

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.

New York’s Phased Plan to Reopen begins with Construction Industry [Alert]

April 29, 2020

Nick Berenato discusses New York's plan to reopen in phases.

UPDATE: Several Midwest States Close Non-Essential Businesses – Potential Construction Impacts

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.

New Jersey Imposes Additional Requirements on Construction Project Sites [Alert]

April 10, 2020

Nick Berenato and Chris Sweeney discuss New Jersey's latest executive order and what it means for construction project sites.

Federal Income Tax Consequences of Defaults and Restructurings Under Lease Agreements

April 10, 2020

Thomas J. Gallagher and Dennis L. Cohen discuss the intricacies of section 467 lease agreements and the surprising and unexpected consequences.

Property Owners Must Act to Reap Benefits of Two New Laws [Alert]

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.

What is Emergency and Essential Construction Under Governor Cuomo’s Executive Order? [Alert]

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.

D.C. Closes Non-Essential Businesses, Restricts Sick Employees of Essential Businesses [Alert]

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.

COVID-19 Construction Update: NJ, NY, DE, and PA Close Businesses

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.

West Coast States Close Businesses Due to COVID-19 [Alert]

March 25, 2020

Chris Sweeney, Stephen Seeger, Jesse Keene, and Alex Busch discuss orders in California, Oregon, and Washington closing businesses due to coronavirus.

Events & Seminars

Upcoming Events

2024 Construction Super Conference

December 09, 2024 - Las Vegas, NV

Cozen O’Connor is sponsoring the 2024 Construction Super Conference at The Cosmopolitan in Las Vegas, Nevada.

Past Events

Dispute Resolution in the Renewable Energy Sector

September 24, 2024 - New York, NY

Recovering for Changed Condition Claims

August 19, 2024 - Uxbridge, ON

Marijuana & Multi-Family Housing

April 08, 2024 - Webinar

Construction Lending in Florida

March 22, 2024 - Orlando, FL

Re:al Estates Housing Crisis

March 20, 2024 - Brooklyn, NY

Fireside Chat - Philly's Outlook

December 14, 2023 - Philadelphia, PA

25th Annual Commercial Real Estate Institute

November 07, 2023 - New York, NY

2023 Construction Law Foundations

November 02, 2023 - Philadelphia, PA

View From the Arbitrator’s Bench

September 28, 2023 - Washington, D.C.

2019 Construction SuperConference

December 16, 2019 - Rancho Palos Verdes, CA

In The News

Wendy Venoit Inducted into the National Academy of Construction

October 11, 2024

Wendy Venoit, a member of the firm’s Construction Law Practice, has been inducted into the National Academy of Construction (NAC).

Two Cozen O’Connor Attorneys Named 2024 Massachusetts Super Lawyers

October 11, 2024

Super Lawyers has named two Cozen O’Connor attorneys to its 2024 list of top practitioners in Massachusetts.

Law Firm Expands Construction Practice

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.

Cozen O’Connor Continues to Build its Construction Practice in California, Landing Veteran Litigator J. Michael Schiff

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.

The Dotted Line: What DOT’s Final DBE Rule Means for Civil Contractors

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.

Troutman Pepper Construction Team Jumps to Cozen O'Connor in LA

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.

Wendy Venoit Discusses High Stakes Construction Projects with the Construction Super Conference

December 01, 2023

Wendy Venoit was interviewed by the Construction Super Conference to share insights about her experience with high-stakes construction projects.

Wendy Venoit Named a 2023 Massachusetts Go To Construction Lawyer by Massachusetts Lawyer Weekly

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.

42 Cozen O'Connor Attorneys Named Pennsylvania Super Lawyers & Rising Stars

May 24, 2023

Super Lawyers has selected 42 Cozen O'Connor attorneys to the 2023 Pennsylvania Super Lawyers and Rising Stars lists.

49 Cozen O'Connor Attorneys Named Pennsylvania Super Lawyers and Rising Stars

June 01, 2022

Super Lawyers has selected 49 Cozen O'Connor attorneys to the 2022 Pennsylvania Super Lawyers and Rising Stars lists.

Cozen O’Connor Welcomes Former Toll Brothers Vice President and Counsel Wendy F. Klein Keane to Construction Practice

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.

Cozen O’Connor Adds Former Silverstein Properties Executive Vice President and General Counsel Jonathan W. Knipe

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.

The Dotted Line: How To Prepare For Potential Defect Claims

September 29, 2020

Marion Hack was quoted in a Construction Dive article discussing the importance of contractors documenting their work processes.

Cozen O’Connor Taps Nevada Litigator Karl O. Riley to Manage its Las Vegas Office

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.

Contacts

William F. Davis

Vice Chair, Real Estate

[email protected]

(212) 883-4947

Josh M. Greenbaum

Member

[email protected]

(215) 665-2788

Vincent P. Pozzuto

Co-Chair, Strategic Risk & Complex Litigation
Regional Manager, Global Insurance Department – Northeast

[email protected]

(212) 908-1284

People

Awards

49 Cozen O'Connor Attorneys Named Pennsylvania Super Lawyers and Rising Stars

June 01, 2022

Super Lawyers has selected 49 Cozen O'Connor attorneys to the 2022 Pennsylvania Super Lawyers and Rising Stars lists.

138 Cozen O’Connor Attorneys Named to the Best Lawyers in America

August 28, 2019

Best Lawyers selected 138 Cozen O’Connor lawyers from 21 of the firm’s national offices for inclusion in the 2020 edition of The Best Lawyers in America.

Related Practice Areas

Upcoming Event:

2024 Construction Super Conference

Las Vegas, NV 12/09/2024

Cozen O’Connor is sponsoring the 2024 Construction Super Conference at The Cosmopolitan in Las Vegas, Nevada.

Event Details

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