The firm is also actively involved in defending the interests of sureties in complex construction disputes, as well as in pursuing affirmative contract claims on their behalf, often the most productive source for recapturing additional project funds.
Our integrated construction practice enables us to be among the most formidable advocates in surety-related controversies. Having had the privilege of representing numerous sureties, contractors and subcontractors, as well as public owners/obligees, we are uniquely situated to know the strength and weaknesses, and respective strategies of each
Furthermore, beyond our extensive knowledge of surety law and practice, a personal familiarity with the metropolitan construction market and, in particular, public agency personnel, brings a cost-effective, value-added component to our involvement not often found with typical surety "defense" firms. Without the ability to reach the right management personnel at the obligee/government owner, a law firm would be relegated to more formal legal remedies, typically consisting of years of wasteful litigation. We bring the ability to open lines of communication and, with that, the opportunity for creative problem solving.
Our surety practice is based on decades of experience representing sureties and contractors in all types of construction-related disputes. We know the law...and we know the practicalities...from all sides of the table. Whether representing a public owner "calling in" a performance bond for the first time, a contractor faced with a default termination, or a surety quickly mobilizing to avoid the "train wreck" of a threatened contract termination, we have been there. We know the risks, we know the strategies and, as indicated, more likely than not, we know the players on the "other" side of the table.
Whether a simple payment bond issue, or a complex, time sensitive, contract termination, reprocurement and completion, we can be uniquely helpful.
Even as the dust settles, we are aggressive in areas which others may consider of less priority, such as the pursuit of subrogation, salvage and indemnification claims. We don't consider the job done until all potential funds are recaptured. We are often surprised to find that the affirmative contract claims of a defaulted principal are not aggressively pursued. Our construction claims attorneys are fully prepared to prosecute these claims, often the only source of substantial salvage proceeds.
Rather than promptly honoring valid claims, insurance carriers are increasingly attempting to disclaim their coverage obligations. Goldberg & Connolly's Policyholder Coverage Group represents insured entities in disputes where the insurance carrier has engaged in such practice. We assist insurance policyholders in leveling the playing field by enforcing the terms of CGL and/or first party property-related policies.
We assist clients in obtaining the full policy benefits for which they have paid their premiums. We represent only policyholders; we never represent insurance carriers in coverage disputes.
Maintaining insurance coverage is an essential asset protection strategy for any viable business. In the construction industry, however, it must be a priority given the inherent risks included.
Our attorneys work with insurance brokers and agents, corporate risk managers, public adjusters and our clients' financial professionals to resolve insurance coverage claims. We help structure strategies to compel insurers to assume full coverage responsibility when and where they should.
When our clients face significant third-party liability exposure, we take measures on their behalf to ensure that insurers live up to both their defense and indemnity obligations. We routinely enforce coverage rights under liability policies of all types, including CGL, umbrella and excess, as well as other specialty liability policies. We are often called upon to defend our clients' interests in Labor Law 240/241 (New York's "Scaffold Law") actions when unjustified coverage disclaimers by compensated carriers leave policyholder companies at risk. Similarly, when our clients suffer first party property or business losses, we also enforce carrier indemnity obligations under applicable commercial property policies, such as Builders Risk.
Goldberg & Connolly attorneys have written many articles on insurance coverage issues. Many of these articles have been published in insurance industry journals and are posted on our website. To access Goldberg & Connolly articles please click here.
Goldberg & Connolly's Commercial Litigation Practice Group has successfully represented our clientele in both federal and state courts for more than four decades. The myriad of potential commercial contract claims brought by or against the firm's clients are regularly handled by our attorneys. Lawsuits are prosecuted and/or defended efficiently and economically. The firm's attorneys always strive to obtain prompt and successful results, whether by creative settlements at the most opportune time or, if necessary, during pre-trial proceedings, at trial or even on appeal.
Contact Our New York Law Offices
For guidance and advocacy for any construction law or government contracting issue in New York, contact our attorneys at 800-668-6611 or online by filling out a brief contact form.