Shaping Skylines Together

The world of construction is rapidly changing, causing construction transactions and disputes to become more complex and challenging than ever before. By clearly understanding our clients’ business objectives and concerns at the outset, we work with them to define practical project development strategies, negotiate agreements on the best possible terms, and develop creative resolutions to complex disputes. Today, clients not only want counsel that can offer insight into their business, but also into their market and that’s what makes Tarter Krinsky & Drogin the right solution for businesses.

Innovative in our thinking, supported by the foundation of strong relationships and built with a team for your future, Tarter Krinsky & Drogin’s Construction Practice responds and adapts to the needs of the real estate, construction and design industries. Our group specializes in representing corporate and institutional owners and developers in transactional and dispute-related construction matters, and our client roster features some of New York City’s leading developers and investors. 

We provide full transactional construction and development legal services to owners, developers, contractors, engineers, architects, project managers and construction managers, as well as represent them from project formation through dispute resolution. We are helping our clients reshape skylines through some of the most significant construction and development projects in Brooklyn, Manhattan and Long Island City.

Our work includes mixed-use and multi-family residential projects, hospitals, industrial facilities, office buildings, sporting arenas, shopping centers, infrastructure, schools and cultural institutions. We represent clients in all types of constructions disputes from surety claims and mechanic’s liens to structural failures and collapse, as well as everything in between.

In working with such a varied client base, we get involved in all aspects of a project and understand the needs of all players involved so we can effectively develop solutions to keep projects moving, not slow them down. Because of our deep technical backgrounds and diverse experience, we bring a thorough understanding of the business, technological and legal needs of the industry to our clients. And since our clients expect insight into their market, we also bring forward-thinking ideas, an awareness of industry trends and a commitment to addressing emerging business needs, including building information modeling (BIM) and sustainability/green building.

We are actively involved in some of the biggest, high-profile and most complex residential developments in New York City and its surrounding suburban areas where we represent high-net-worth individuals in navigating and coordinating their complicated construction projects. Many of these individuals and the real estate they are acquiring are making headlines, and we are alongside our clients to guide them every step of the way. 

Our Construction Group has particular expertise advising some of the most high-profile and exclusive educational institutions in New York City and beyond on their most critical transactional and dispute-related construction matters. We are the go-to firm for many of these institutions as they seek assistance with legal challenges of engaging in the design, development, financing, performance and management of major construction projects. 

In the healthcare sector, we advise a wide range of clients on the legal and business aspects related to the construction and expansion of healthcare and nursing home facilities, including financing, bond issuances and the selection, formation and contracting with design and construction teams. Our lawyers also have significant experience advising medical practices, including urgent care facilities as they move into spaces designated for retail throughout the New York metropolitan area. 

Through an interdisciplinary approach, our attorneys work closely with the firm’s Real Estate, Corporate and Securities, and Bankruptcy and Corporate Restructuring Practice Groups to address interrelated real estate, financing, corporate and distressed project issues. This approach allows us to be a more integral part of our clients’ business team and results in smarter thinking and better representation of our clients.

Name Title Direct Dial Vcard
Camporeale, Michael E. Counsel Counsel 212.216.1162 VCard
Cassidy, Cathleen P. Associate Associate 212.216.8031 VCard
Cobb, Christopher Counsel Counsel 212.216.1181 VCard
Cohen, David E. Associate Associate 212.216.1172 VCard
Pfeffer, David J. Partner and Chair of Construction Group Partner and Chair of Construction Group 212.216.8075 VCard
Pierce Jr., Charles R. Partner Partner 212.216.1148 VCard
Rondello, Jr., John M. Counsel Counsel 212.216.1163 VCard
Scuderi, Sean T. Associate Associate 212.216.8094 VCard
Stanziale, Laurie A. Partner Partner 212.216.1175 VCard
Tumulty, Christopher Counsel Counsel 212.216.8096 VCard
Weisner, William W. Partner and Chair of Real Estate Practice Partner and Chair of Real Estate Practice 212.216.8095 VCard
Zipkowitz, Eric Partner Partner 212.216.8088 VCard
  • apple seeds LLC

    apple seeds LLC is a growing organization that provides indoor playground facilities, classes, birthday parties and other activities. As an emerging and growing business, apple seeds needed a business-minded legal partner who understood the challenges of being a middle market business. They needed help building the company from the ground floor up, and providing a solid foundation for future growth.  

  • Nitehawk Cinema

    Entrepreneur Matthew Viragh approached David Pfeffer, Chair of Tarter Krinsky & Drogin’s Construction Practice, for legal and business counsel relating to a new and unique cinema to be opened in Williamsburg, Brooklyn.

  • New York Court Grants Permission to Underpin Through RPAPL §881 Proceeding
    June 3, 2019

    On February 26, 2019, Justice Melissa Crane of the New York Supreme Court granted a developer the right to underpin (i.e. permanently encroach upon the foundation of an adjacent property) in her ruling on the developer's RPAPL §881 proceeding. It has long been held, and is set forth in the legislative history of RPAPL §881, that the proceeding is for temporary access to a neighbor's property in order to make improvements to your property and is not a vehicle by which the court can grant the right to permanently encroach or otherwise alter the neighbor's property.

  • Top Development and Construction Trends from the 8th Annual Women's Real Estate Forum
    April 11, 2019

    On February 28, Laurie Stanziale once again had the pleasure of participating in a panel discussion at the sold-out Women's Real Estate Forum, which brought together more than 500 dynamic women who are shaping development and construction in New York City and beyond. The panel she moderated, "Changing the Face of Real Estate: Development & Construction Trends," covered some of the industry's hottest topics: e-commerce, changing demographics and lifestyles, wellness and sustainability, rising interest rates, smart technologies, labor constraints and the shortage of affordable housing.

  • Our Top 10 Legal Alerts from 2018
    January 14, 2019

    As we start a new year, we would like to share with you some of our most popular legal alerts from 2018. Our top-read alerts range from construction, corporate and securities, labor and employment, tax and intellectual property, reflecting the broad array of our full-service practice. We hope that our alerts have been valuable to you and your colleagues, and demonstrate our commitment to providing helpful information to you.

  • Construction Partner Laurie Stanziale Authors Law360 Article on NYC Access Agreement Trends to Watch in 2019
    December 19, 2018

    Construction partner Laurie Stanziale recently wrote an article for Law360’s Expert Analysis column on "NYC Access Agreement Trends To Watch In 2019.” The article delves into the special challenges faced when doing construction or performing other work on one’s property in densely populated areas like New York City, which created the Real Property Actions and Proceedings Law, RPAPL §881.

  • The Changing Landscape of Access Agreements and RPAPL §881 Proceedings in New York City: Trends to Watch in 2019
    November 30, 2018

    Gaining access to a neighbor’s property during construction requires attempting to negotiate an access agreement and if that fails, litigating the access through an RPAPL §881 proceeding. That is nothing new. But what happens when these negotiations are about much more than just access or not about access at all? In this alert, Construction partner Laurie Stanziale explores how and whether courts will continue to entertain disputes between neighbors about construction, even if no damage has occurred and no access is required and/or whether or not the DOB will be compelled to take a more active role in these disputes.

  • What NYC Building Owners Should Know About the Upcoming Deadline for Compliance with Local Law 26's Sprinkler Installation Mandates
    June 29, 2018

    The deadline for compliance with Local Law 26 of 2004, which mandated the installation of automatic fire suppression sprinklers in many buildings in New York City, is fast approaching, with the next compliance deadline set for July 1, 2018. Here's what building owners should know about the upcoming deadline for compliance with Local Law 26's sprinkler installation mandates.

  • Laurie Stanziale Authors Crain’s New York Business Article on Design Trends Shaping New York City Development
    May 8, 2018

    Construction partner Laurie Stanziale wrote an article that was featured in Crain’s New York Business on "Four Design Trends Shaping New York City Development.” In the article, Laurie explores four trends that are making big waves in design and development here: a resurgence in manufacturing, a desire for more purposeful residential amenities, a blurring of the line within office spaces between working and living, and the impact of e-commerce on retail.

  • New York Court of Appeals Upholds Impactful Decision in the Gilbane Case
    April 16, 2018

    As we wrote in April 2017, the case of Gilbane Bldg. Co./TDX Constr. Corp., v. St. Paul Fire & Mar. Ins. has become the harbinger of the insurance world in regard to the effectiveness of an additional insured endorsement. On March 27, 2018, New York State's highest court affirmed the decision of the appellate panel, which held that there was no entitlement to coverage to a party named as an additional insured when such party did not have a written contract with the insured.

  • Construction Industry Double-Breasting: Recent Developments and Lessons Learned
    January 24, 2018

    Here is an update to our prior client alert titled, "Construction Industry Double-Breasting: Recent Trends and Best Practices," which now includes additional information about a recent court decision impacting employers in the construction field.

  • Real Estate Weekly Publishes Article by Laurie Stanziale on the Top Tech Trends to Watch in the Real Estate Industry
    October 23, 2017

    Real Estate Weekly recently published an article by Construction partner Laurie Stanziale titled, “Top Tech Trends to Watch in the Real Estate Industry.” The article explores how tech-driven start-ups are changing how residential and commercial real estate – from short-term rentals, to leasing and property management, to the construction and sales of properties – is being marketed, sold and managed. She also discusses how venture capital investors and the Millennial population are accelerating the development of tech-related technology in New York City real estate.

  • Four Key Takeaways from Anchin's State of the Construction Industry Event
    October 16, 2017

    The annual Anchin State of the Construction Industry event brought together major players in the construction community to discuss issues impacting the sector in New York City. Here, Construction partner Laurie Stanziale explores some of the conference's key takeaways.

  • Assignment of Accounts Receivables and Factoring Agreements in the Construction Industry: How Can They Affect an Owner/Developer's Project?
    September 28, 2017

    It is not uncommon that companies with cash flow problems or those that have a desire to be paid on expedited terms assign their accounts receivables as collateral for a secured loan or they factor them. This can happen in any industry. What impacts can this have on a construction project when a contractor or vendor assigns or factors its accounts receivable?

  • What You Need to Know About the New NYC Department of Buildings Procedure Involving Adjacent Properties
    July 24, 2017

    In connection with obtaining the NYC Department of Buildings' (DOB) approval of protection plans, which involve the installation of protection of an adjacent property, either physically on the adjacent property or in the air space above the adjacent property, the party performing the demolition, construction or renovation work now needs to provide proof to the DOB that it has an access (license) agreement with that adjacent property owner for the proposed protection or has filed a RPAPL §881 proceeding to gain such access to the property from the court.

  • Hold on to Your Hard Hats: Updates on Construction Site Safety in New York
    May 31, 2017

    In New York City, construction of some sort is always moving forward and, as such, worksite injuries and fatalities unfortunately will occur. The Commercial Observer's "The State of Construction Safety" conference on May 4 brought together major players in the enforcement and construction community, including the Commissioner of the Department of Buildings (DOB) Rick Chandler, to discuss strategies for keeping workers safe through proper training and supervision, and for reducing the number of deaths and accidents on construction sites in New York City and throughout the state. In case you missed it, Construction partner Laurie Stanziale provides five important takeaways from the conference.

  • Construction Safety: Lessons From 2016 and Remedies in 2017
    April 19, 2017

    While each year there are reports and statistics regarding the annual number of construction accidents and fatalities in New York City, 2016 will likely be remembered as the year when a construction accident could, and did, lead to criminal charges and convictions of construction companies and individual supervisors.

  • Insurance and Adjoining Property Access Agreements: Does that "Blanket" Endorsement Really Cover You?
    April 11, 2017

    In September 2016, the Appellate Division, First Department decided a case that has significant ramifications on insurance coverage on construction projects between construction managers and contractors.

  • Sean Scuderi Authors Article on the Benefits and Pitfalls of Outsourcing Email Services in the New York Law Journal
    February 6, 2017

    Construction associate Sean Scuderi co-authored an article on the benefits and pitfalls of outsourcing email services to a hosting provider in the New York Law Journal’s special e-discovery issue on February 6.

  • David Pfeffer Authors Law360 Article on What NYC Landlords and Tenants Need to Know About Short-Term Apartment Rental Services
    February 6, 2017

    Construction chair and partner David Pfeffer authored an article in Law360 on "The Conundrum With Short-Term Rentals." The article explores what New York City landlords and tenants need to know about how recent regulations on short-term apartment rental services such as Airbnb, HomeAway, VBRO and Roomorama affect their properties.

  • Forgiving Fines: The NYC Amnesty Program
    November 21, 2016

    In an effort to collect more than one billion dollars in outstanding fines, the City of New York is offering an amnesty program that allows participants to resolve violations

  • New Enforcement by the Department of Buildings of Adjoining Property Notification Requirement
    November 10, 2016

    The New York City Department of Buildings ("DOB") made significant changes to the New York City Building Code (the "Code") in its 2014 version.

  • Amy Goldsmith and Laurie Stanziale Co-Author Article on Owner-Architect Agreements for Law360
    October 19, 2016

    Intellectual Property partner Amy Goldsmith and Construction partner Laurie Stanziale wrote, “Whose Line, Drawing Or Plan Is It Anyway?" which was part 2 of a two-part article for Law360. The article addresses owner-architect agreements and instruments of service for the parties to set forth rights and obligations.

  • Amy Goldsmith and Laurie Stanziale Author Article on Copyright and Architectural Works for Law360
    September 22, 2016

    Intellectual Property partner Amy Goldsmith and Construction partner Laurie Stanziale wrote “Whose Line, Drawing Or Plan Is It Anyway?”, which is part 1 of a two-part article, for Law360.

  • Construction Industry Double-Breasting: Recent Trends and Best Practices
    August 17, 2016

    The days of unions having a firm, if not solitary, hold on construction in New York City have begun to wane.

  • Recent Trends in RPAPL §881 Cases in New York County
    July 22, 2016

    The Courts of New York County and the First Department have historically been silent regarding, or overly against, awards of license fees and attorney's fees for Respondents in connection with RPAPL §881 actions.

  • New Enforcement Sweeps and Increased Penalties Announced for Safety Hazards at Construction Projects
    February 19, 2016

    In the wake of recent safety incidents at construction sites throughout the City during a record building boom, Mayor deBlasio and Department of Buildings (DOB) Commissioner Rick Chandler have announced a major code enforcement sweep of construction sites over the next 90 days and increased penalties for serious construction-safety lapses.

  • BIM: Building Information Modeling and Construction Projects
    May 1, 2014

    In recent years, construction projects have seen increasing benefits from the use of advanced planning and design technologies.  One such technology is Building Information Modeling (known as “BIM”), and it is helping cut costs for owners and streamline project development.

  • Good Agreements Make Good Neighbors: Preparing A Fair Temporary License Agreement to Avoid Court Ordered Access
    May 1, 2014

    In a major metropolitan setting, open space can be hard to come by.  In New York City, the facades of many residential and commercial buildings extend right up to the property line, or near enough to prevent access to some exterior walls without encroaching on neighboring properties.  As a result, it is often extremely difficult, if not impossible, to make repairs or renovations to an existing structure without physically entering onto an adjoining parcel.  

  • Construction Advisor 2014
    February 27, 2014

    Good Agreements Make Good Neighbors: Preparing A Fair Temporary License Agreement to Avoid Court Ordered Access BIM: Building Information Modeling and Construction Projects

  • Good Agreements Make Good Neighbors
    December 13, 2013

    In a major metropolitan setting, open space can be hard to come by. In New York City, the facades of many residential and commercial buildings extend right up to the property line, or near enough to prevent access to some exterior walls without encroaching on neighboring properties. As a result, it is often extremely difficult, if not impossible, to make repairs or renovations to an existing structure without physically entering onto an adjoining parcel.

  • BIM: Building Information Modeling and Construction Projects
    December 13, 2013

    In recent years, construction projects have seen increasing benefits from the use of advanced planning and design technologies. One such technology is Building Information Modeling (known as “BIM”), and it is helping cut costs for owners and streamline project development.

  • How to Win Work in 2011
    January 1, 2011

    And there may be little disruption to the active self-funded capital program that Montclair State University, thanks in part to a new law enacted in New Jersey in 2009, says Gregory Bressler, v.p. for university facilities. In addition to a new 130,000-sq-ft new business school and 100,000-sq-ft science research facility, both of which are set to go to bid next spring, the university is taking advantage of the new law to outsource the financing, design, construction, and operation of new facilities whose cost can be covered by future “revenue” streams.

  • Deregulation of Rent-Stabilized Units
    December 1, 2010

    Delivering a crushing blow to an already distressed real estate market, New York's highest court recently issued a landmark decision in Roberts v. Tishman Speyer Properties, L.P. Depending on how the state's lower courts apply Roberts, the owners could be on the hook for tens of millions if dollars in rent rebates to tenants who were charged market-rate rents.

  • Foreign Investments Help Fund Commercial Development
    September 1, 2010

    In the wake of the financial meltdown and subsequent signs of economic recovery, opportunities are becoming more prevalent for those looking to diversify and expand their investments. Luckily, there are various ways to acquire funding for development projects that are both available and underutilized. The Employment-Based visa program is one such tool, particularly the EB-5 visa category. 

  • Construction Advisor Summer 2009
    December 7, 2009

    Three Strategies for Dealing with Balking Purchasers Avoiding & Documenting Construction Claims

  • Three Strategies For Dealing With Balking Purchasers
    July 1, 2009

    In today's residential real estate market, balking purchasers are a major challenge for developers. Developers have several tools to counter these increasingly common and harmful tactics and achieve their primary objectives of avoiding costly disputes, capitalizing on their investment and compelling balking purchasers to comply with the agreements they signed.

  • Avoiding and Documenting Construction Claims
    July 1, 2009

    Today's marketplace presents new challenges to both owners and contractors during the construction process. The most important steps that both parties to a construction project can take to mitigate these risks, at least to some degree, are to know their contracts, implement procedures to administer those contracts effectively, and document their progress on the project.

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