This information is as of May 2015. For the most up-to-date list of experience or to suggest additions to this list, contact the Marketing Department.
IMPORTANT - Client and lawyer attributions are for internal use only.
Representative Experience
Within our extensive real estate practice, we address construction-related matters. In this regard, we have represented owners, architects, engineers, developers and other construction participants (including lenders and investors) in an array of transactions, disputes and regulatory developments, including:
contract preparation and negotiation;
project controls and best practices;
claims avoidance and management;
construction litigation and mediation;
strategies for achieving sustainability objectives; and
environmental and regulatory compliance.
We also have an extensive real estate leasing practice and routinely negotiate work letters for interior fit-up projects, giving us a depth of experience from the landlord, tenant and contractor's perspective.
Transactional - Lending, Agreements, Etc.
(Karl Piirimae) Representation of the Trustees of Saint Patrick's Cathedral in connection with the $170 Million dollar renovation of a national landmark, including the negotiation of contracts with the construction manager, scaffolding contractor and architect. This complex multi-year project is going to unfold on a vertical work site using a complex interior and exterior scaffolding system that will permit work to be performed while the Cathedral remains open to the public with limited interruption. Our services included close collaboration with the construction, design and risk management professionals to develop a contractor-controlled insurance program and preparation of a cost-plus contract that capped project costs while maintaining the flexibility to establish the cost of work based on unit pricing as the restoration team accessed portions of the interior and exterior to fully assess the labor and materials required for each element of restoration.
(Karl Piirimae) Representation of receiver of a partially-completed major residential project in Lower Manhattan. This landmark tower in the financial district went into foreclosure while it was in the process of being converted from office to a residential use with ground floor restaurants and retail tenants. We worked with the receiver to engage a new construction manager and retain key subcontractors with essential knowledge of the project so as to minimize downtime in the progress of the work. To retain the key subcontractors and get them working, we developed a short form purchase order that was used to keep the key trades working while we negotiated a cost-plus construction management agreement for the balance of the work required to complete the project.
(Karl Piirimae) Lead counsel to the New Jersey Sports and Exposition Authority in connection with the redevelopment of the Meadowlands Sports Complex with a mixed-use entertainment retail complex and stadium for the New York Giants and New York Jets National Football League franchises. This engagement required the negotiation of a complex construction management agreement that permitted continuous construction while "hopscotching" parking fields to maintain parking and access commitments to each of the professional sports franchises, concert promoters and other events at the Izod Arena.
(Karl Piirimae) Outside counsel to a global financial institution in connection with construction projects throughout the United States and Puerto Rico, including the construction of retail branches, executive offices and high-tech data centers and command centers.
(Karl Piirimae) Negotiation of architect's contract for design of multi-million dollar state of the art high school in Middlesex County, New Jersey for regional developer.
(Karl Piirimae) Representation of regional developer in the negotiation of design and construction contracts for multiple major redevelopment projects, including mixed use residential-retail transit village project, landmark hotel and conference center and student housing projects.
(Karl Piirimae) Representation of client in fast-track negotiation of demolition contract to clear site of remains of landmark urban synagogue following partial destruction by fire. This engagement required expedited turnaround to ensure safety of neighboring buildings while providing secure access to the site to salvage priceless surviving items.
(Karl Piirimae) Multiple engagements involving multi-family, retail and restaurant owners in the negotiation of design and construction contracts.
(Dan Pocchiari bio) Negotiated and drafted ground leases, development agreements and construction contracts for the building of such diverse projects as a senior citizen assisted living facility and a state office complex.
(Charles Hamilton, David Glanz for NAACP) Represented the NAACP Legal Defense Fund in the acquisition of a commercial condominium located at 40 Rector Street in the downtown financial district, the build out of the space for their new corporate and legal services offices and the sale of their prior corporate headquarters at 99 Hudson Street.
(Clark Alpert) For a number of years, a large group of our lawyers represented a large New Jersey roofing-and-siding contractor, essentially as outside general counsel in matters related to:
limited construction disputes;
corporate matters, including revising their contract forms;
construction lien issues;
business disputes (including one that approached seven figures); and
specialty matters such as advising on government subpoenas, personal injury claims, family concerns, etc.
(Eric Bruenner) Represented the investors acquiring The George A. Fuller Company from Northrop Grumman. Fuller was a construction manager that oversaw the construction of the Plaza Hotel, the National Cathedral in D.C. and other iconic buildings.
(On behalf of Joseph Moinian and the joint venture between Moinian and a prominent REIT, Bruce Bronster, David Glanz and Dan Pocchiari) Negotiated a new construction management agreement at 3 Columbus Circle with Tishman Construction. The agreement is for the next phase of extensive renovations at the class "A" midtown Manhattan property, which is owned by the joint venture.
(Infrastructure practice, C.LIEBLING, L.LABARBIERA, DEVCO) Represented a redeveloper (with not-for-profit and for-profit partners) in connection with the $30 million development and construction of a new police headquarters for the Rutgers University police department, totaling 74,500 square feet of office space, together with ground floor retail space and a 385 space parking garage.
(Infrastructure practice, C.LIEBLING, L.LABARBIERA, DEVCO) Represented a redeveloper (with not-for-profit and for-profit partners) in connection with the $23 million development and construction of a new family courthouse and parking facility for the County of Middlesex in downtown New Brunswick, NJ.
(Infrastructure practice, DEVCO) Represented a redeveloper (with not-for-profit and for-profit partners) in connection with the $43 million development and construction of two buildings, totaling approximately 230,000 square feet of office space for the County of Middlesex, the City of New Brunswick Police Department and the United States Post Office in downtown New Brunswick, NJ.
(Kevin McNamara, Howard Lakind, Patrick Deyhle for PNC Bank / Toll Brothers) Representation of a prominent national bank, serving as lender and agent, in connection with a $120,000,000 syndicated credit facility to a joint venture consisting of subsidiaries of a publicly-traded national homebuilder and a publicly-traded worldwide provider of professional, technical, and management support services for commercial and government clients, for the construction of a 417-unit, 38-story apartment building containing ground floor retail located in Jersey City, New Jersey.
(Kevin McNamara, Michael Brenna for PNC Bank) Represented a prominent national bank in connection with a $69 million credit facility to a national real estate developer for the development of two Jersey City Medical Center buildings into multi-family rental apartments containing a total of 359-units. The development will include the ground-up construction of a 510-space parking garage.
(Jim Thomas, Wayne Cook and Robert Rossi for Silverpeak Real Estate Partners and Silverpeak-Witkoff JV) Represented a real estate investment advisory firm in closing on the restructuring of a joint venture with The Witkoff Group and represented their joint venture in the negotiation of a $230,000,000 construction loan in connection with the construction of 91 high-end condominium units plus retail and amenity space located at 150 Charles Street.
(Michele Arbeeny, Debbie Bindler and Julianne Befeler for Sovereign Bank, N.A.) Represented the lender in connection with a $26,500,000 construction loan, which will be used to finance the construction of a 103-unit residential apartment building in downtown Brooklyn, New York and will be subject to a 421-a property tax exemption.
(Michele Arbeeny, Taila Martin and Susan Wiener for Sovereign Bank, N.A.) Represented the lender in its $18,200,000 construction loan to East Houston Development LLC in connection with their construction of a 78-unit multifamily affordable housing development in the East Village, including the negotiation of 421-a provisions and an SNDA with HPD in connection with HPD's grant of, among other things, additional air rights to the project.
(Infrastructure practice description, MACQUARIE, LAGUARDIA, A.COSCIA, S.MODY) Advising a private sector consortium of financing, construction, and operating entities bidding on the development of a new $3 billion terminal building at LaGuardia International Airport (NY).
(Infrastructure practice description, G.WALSH) Represented the South Jersey Port Corporation as bond counsel in connection with multiple issuances of debt totaling approximately $200 million, which was used to finance construction of various port facilities, including docks, wharfs, warehouses and a dredging program.
(Infrastructure practice description) Advising a private water utility on the financing and construction of a new water desalination plant and related infrastructure in upstate New York.
(Infrastructure practice description, D.BEIMFOHR) Represented a limited liability company borrower in connection with a $32 million senior credit facility used to finance the construction of an 80,000 ton per year recycling facility.
(Infrastructure practice description, D.BEIMFOHR) Represented a regional bank in a $12 million construction loan to a 16MW landfill methane project.
(Infrastructure practice description, D.BEIMFOHR) Represented a wholly owned subsidiary of a money center bank as trustee/borrower in connection with a $750 million financing for the construction of a liquefied natural gas train and related facilities in Indonesia.
Disputes
(Litigation - Commercial) Represented the N.J. Sports and Exposition Authority in over 30 distinct, multifaceted legal challenges brought by environmental groups, affordable housing advocates, local municipalities, and commercial interests opposed to the Meadowlands Xanadu project, a proposed mixed use development consisting of a 520 room hotel, office towers, and a $2.4 billion sports, retail, and dining and entertainment center at the Meadowlands Sports Complex.
(Insurance) Represented a construction surety company, winning dismissal of federal and state RICO claims in connection with a multi-million dollar public construction project.
(Craig Murphy bio) Represented a consortium of Spanish companies in an arbitration arising out of the design and construction of a power plant.
(Doug Stevinson press release, June 2010) Worked with the New Jersey Construction Lien Law representing both owners and lien claimants.
(Clark Alpert) In Re Roberts Home Design, successfully represented the New Jersey Bankruptcy Trustee and a supplier (in a joint representation) in a significant, well publicized bankruptcy matter against a contractor with many claims and complainants against him.
(Clark Alpert for Hillier architectural group; Clark does not have specific clearance to use these client identifications, although we were, publicly, counsel of record in various matters) Represented an architectural group for years on a variety of business disputes and construction lien matters.
(Clark Alpert for the Parette Somjen architectural group; Clark does not have pecific clearance to use these client identifications, although we were, publicly, counsel of record in various matters) Represented an architectural group for years on various commercial dispute matters.
(Clark Alpert) We represented a group of homeowners in a major construction dispute valued in seven figures and involving construction issues as well as business torts and related matters.
(Chuck Fisher) Served as counsel on a number of cases involving construction issues in the context of first-party property damage claims.
Regulatory, Including OSHA
(Ed Shea prior to joining WMLM) Formerly Vice President and General Counsel Reichhold Chemicals Inc, prior to and during the establishment of OSHA
Consulted with OSHA on the development of warnings and labels from those used at Reichhold.
Oversaw OSHA compliance at 50 plants.
Dealt with violation issues and inspections.
Negotiated fines.
Involved in long term planning for safety and compliance
(Ed Shea prior to joining WMLM) Officer and GC at GAF similar involvement as at Reichhold.
(Ed Shea) Inspected chemical plants prior to the evolution of environmental inspection companies, including preparing OSHA compliance and environmental compliance reports.
(Ed Shea) Part of team constructing new plants (acid, formaldehyde, fiberglass)
Integrated contractor and plant based safety systems
Coordinated construction work with plant operations
Introduced OSHA modeled safety system at plants constructed in other nations without similar regulation
Contractor agreements.
Doc ID # 10762859