New York Construction Litigation

Construction disputes rarely stay contained. What starts as a missed payment, a disputed change order, or a delay can quickly escalate into a claim, a mechanic’s lien, or litigation. While some disputes can be resolved through negotiation or mediation, many require decisive action through litigation or construction arbitration—and understanding the difference between the two is critical to your strategy.

At Kushnick Pallaci PLLC, we represent contractors, subcontractors, developers, and property owners in construction disputes throughout New York. Our work includes litigation in state and federal courts, as well as arbitration proceedings. We handle the full range of construction claims, including mechanic’s lien foreclosure actions, breach of construction contract disputes, construction defect claims, delay and disruption claims, and scope of work conflicts. Many of these issues are driven by real-world project problems such as improperly documented change orders or failure to comply with contract notice provisions, which can significantly impact the outcome of a claim.

Construction litigation frequently centers on payment disputes. These may involve straightforward non-payment claims or more complex matters involving mechanic’s liens and lien enforcement combined with litigation. Understanding how to properly assert and protect lien rights is often critical, particularly in light of common pitfalls and risks that can arise during the lien process, as discussed in our analysis of construction industry payment challenges and lien strategies.

At the same time, many disputes arise from project performance issues—allegations of defective work, disagreements over contract scope, or responsibility for delays and acceleration. Delay claims, in particular, often turn on documentation and contract compliance, and can involve complex issues such as owner-caused delays or acceleration demands, which we address in our discussion of construction delay claims and key considerations.

We represent clients across a wide range of construction projects, including commercial developments, residential construction, and public works. Many disputes also involve claims for property damage from adjacent construction, particularly in dense urban environments where excavation, underpinning, and structural work create risk for neighboring properties. These issues are explored further in our discussion of what to do when nearby construction damages your property.

Because our practice is focused on construction law, we approach these matters differently than a general litigation firm. We understand how projects are structured—from contract negotiation through project completion—and we focus on identifying leverage early, whether that involves enforcing lien rights, pursuing litigation, or resolving the dispute before it escalates further. The objective is always the same: protect your position and move the matter toward a resolution that makes practical and financial sense.

If you are dealing with a construction dispute, a payment issue, or a claim arising from a project, you can speak directly with an attorney who handles these matters every day.

Call (631) 752-7100 or contact us to discuss your situation.