Defense of Construction Accidents

Janice Iati and her team attorneys at The Law Firm of Janice Iati are extremely familiar with the New York Labor Laws (sections 200, 240, 241, 241(6)) relating to the defense of accidents on construction sites, resulting in serious personal injuries and potential violation of OSHA regulations. Our attorneys have represented construction companies, building/property owners, general contractors, site managers, equipment lessors in cases involving injuries to both construction workers and bystanders. We have a successful record by scrutinizing the plaintiff’s conduct and reviewing alleged violations of liability.

Our experience includes construction accidents involving:
• Injuries from ladders, cranes, forklifts
• Scaffolding accidents
• Operating dangerous equipment
• Hit by falling objects

Representative Matters:

• Obtained a favorable outcome for a state agency involving a construction accident. A companion coverage action filed by another law firm resulted in an unfavorable decision for the agent. We were able to obtain contribution from contractors resulting in a minimal contribution to the settlement from our client.
• Obtained defense and indemnification for our client, the prime contractor, for a construction project. In doing so, our clients, which included the construction manager, did not have to contribute to the settlement.

Defense of Construction Defects
The Law Firm of Janice Iati has vast experience defending builders, construction managers, contractors, property owners, design professionals, architects, and materials suppliers against claims of property damage, as a result of alleged construction defects.

We have defended clients in matters involving breach of contract, negligent supervision of contractors, design flaws and structural defects allegedly causing physical damage to property, lost revenues, and reduced property values. We are skilled in the evaluation of loss of revenue to the property owner, inconvenience, and renovation costs as a result of claims of defective workmanship.

Janice Iati has over 30 years of experience assessing issues related to liability, apportionment, damages, and insurance coverage.

Defects the firm has defended include:
• Design flaws
• Structural defects
• Defective building materials causing alleged property damage
• Cracked ceilings, walls
• Roof collapse
• Stairway collapse
• Water infiltration
• Waterproofing
• Problematic window installation

Representative Matter:
• Obtained insurance coverage for a national client to cover costs from water damage. This was accomplished prior to any formal lawsuit, which in turn saved our client negative publicity which could have impacted the client’s business, legal fees, and costs associated with litigation.

Construction Contracts: Review and Litigation
Our attorneys excel in reviewing and negotiating construction and supplier contracts and agreements, on behalf of construction firms, property owners, builders, contractors, developers, architects and other related industry professionals to facilitate the smooth completion of the project and avoid misunderstandings and serious disputes. However, when necessary, we also mediate, arbitrate and litigate breach of contract, payment terms and financial responsibility for payment and completion of the project.

Representative Matter:
• Drafted construction contracts for a major modernization project for a school district. The contracts included insurance and indemnification sections which protected the school district by making the indemnification clause enforceable to the fullest extent permitted by law. The insurance requirements ensured that subcontractors had the proper insurance and that the school district had full protection.