Goldberg & Connolly’s Managing Partner Henry L. Goldberg Addresses GCA Law and Legistlation Committee on Notice "Hypersensitivity"

Goldberg & Connolly is pleased to announce that Managing Partner, Henry L. Goldberg and Partner, Mitchell B. Reiter,addressed the General Contractors Association (GCA) Law and Legislation Committee on Friday, December 8, 2011. The topic of the discussion was Construction Claims in the New Era of Notice "Hypersensitivity."

The focus of Mr. Goldberg's speech was the "best practices" that contractors must employ to maximize the success of their claims for extra work, changed conditions and delays. He discussed issues vital to success in this new era of "Notice Hypersensitivity," such as the contractual and statutory distinctions between agencies, and standard contract forms and type of claims. He touched on topics such as the onerous notice and recordkeeping, substantial completion, alternate dispute resolution, claim accrual, limitations periods and other provisions in construction contracts for various New York City and New York State agencies. As Mr. Goldberg explained, these contract requirements and clauses are increasingly being used to enforce involuntary waiver and forfeiture of contractors' otherwise valid rights to payment for additional work costs and delay and impact damages.

Mr. Goldberg also spoke about the underlying legal precedent for these onerous "forfeiture" or "waiver enhancement" provisions and why every contractor must ensure that it complies with these clauses. Utilizing case studies, Mr. Goldberg explained how and when to best pursue construction claims to maximize the recovery of sums validly due to contractors for these typical events and problems.

Mr. Goldberg is a prominent authority in construction law and government contracting. His firm represents owners and developers, construction contractors, subcontractors, sureties and government agencies. Mr. Goldberg counsels his clients with regard to problems that arise during all phases of construction including the design, bidding, construction, management and closeout of projects. He is an expert in all types of construction claims and controversies.