New York Construction Law & Litigation

Allan M Bahn is an experienced and knowledgeable practitioner in the area of construction contract & litigation law, state and federal labor law, prevailing wage law as well as New York City Building Code enforcement.  Mr. Bahn represents a diverse clientele, encompassing projects in both the private and public sectors.  His industry work includes representing the interest of contractors, construction management firms, architects and engineers.  In addition, Mr. Bahn represents single residential unit owners, cooperative corporations, condominium associations as well as commercial property owners who undertake construction projects.

Contractors and Allied Professionals

Construction is one of the most heavily litigated industries in the American economy; in no small measure due to the complexity of modern construction methods as well as the large sums of money invested in even small projects.   Avoiding costly and time consuming litigation is a primary goal of Allan Bahn and the attorneys at BH&M.    Protecting a client’s interests, whether a professional, a general contractor, or trade contractor starts at the contract draft and ends with the final payment and general release.  Providing consistent representation avoids ambiguity which is the prime cause of contract disputes.   

Allan Bahn advises clients during all phases of construction, from program financing and contract negotiation through planning and design, and if necessary dispute resolution and litigation.   

Government Construction Contracts

It’s axiomatic that qualifying, bidding and performing contracts for local, state and federal government agencies is exponentially more difficult and complex then performing the same work in the private sector.  In large part this is due to the myriad of rules and regulations which each agency applies through procurement policies.  Understanding these rules can be daunting, even for the initiated.  Failure to adhere to every regulation can turn what should have been a highly profitable endeavor into an expensive waste of time and even worse, a potentially destructive liability for your company. 

Allan Bahn, as a former inspector general for construction and deputy commissioner in New York City and New York State is intimately familiar with the complexity of government qualification and procurement regulations.  Mr. Bahn advises both large and small corporations, ensuring their compliance with agency requirements.   In addition, Mr. Bahn has extensive experience negotiating agreements with agencies, allowing clients to avoid non responsibility and non responsive findings.  

Federal Davis Bacon Act and New York State Labor Law

New York State Labor Law §220 and the corresponding Federal Davis Bacon Act were instituted during the great depression to protect union workers from predatory non union construction companies doing public work.  Non union companies are required to pay prevailing wage, the equivalent of union wages to non union workers.  Violations of prevailing wage can result in lifetime debarment from government contracts and more importantly felony prosecutions and jail sentences for company principals convicted of such violations.

Allan Bahn investigated and prosecuted many of the largest prevailing wage fraud cases in New York State while in government.  As a private practitioner Mr. Bahn understands the potential pitfalls contractors face when attempting to comply with the law while functioning in a competitive industry environment.   Mr. Bahn has an intimate understanding of prevailing wage law prosecutions and has successfully defended numerous cases brought under both the Davis Bacon Act as well as New York State Labor Law.  In addition he has negotiated non criminal dispositions including non willful Department of Labor findings.   

Residential and Commercial Construction

The key to a successful construction project is thorough program planning and solid professional and construction contracts.  This is true when dealing with a single unit renovation in an Upper West Side coop or a commercial property redevelopment in Soho.  Because Allan Bahn has been involved in the construction process from both the over site role as inspector general and the actual construction process as deputy commissioner and later as an owner’s representative he is uniquely qualified to understand and protect a client’s legal interest from project conception to completion.  

Mr. Bahn represents clients in state and federal courts and mediation-arbitration forums involving:

• Construction delays
• Cost overruns and change orders
• Contract 
• Defective work claims
• Prevailing wage disputes
• Wrongful termination

In addition, Mr. Bahn has extensive experience representing clients before local, state and federal government agencies involving the following types of matters:

• Procurement
• Debarment and Non-Responsibility Proceedings
• Proposal and Contract Counseling
• Protests
• Contract and Sub-Contract Claims
• Termination Claims
• New York City Building Code Compliance

Allan Bahn has successfully represented clients in front of the New York City Department of Design & Construction, New York City Department of Citywide Administrative Services, New York City Department of Transportation, New York City Department of Buildings, New York City Department of Investigation,  New York City Department of Consumer Protection, New York City Parks and Recreation Department, New York City Department of Education, New York City School Construction Authority, New York City Comptroller’s Office, New York State Transportation Authority, The Dormitory Authority of the Sate Of New York, New York State Transportation Authority, New York State Office of General Services, New York State Labor Department, New York State Attorney General’s office and The New York State Comptroller’s Office.

FOR FURTHER INFORMATION OR TO ARRANGE A CONSULTATION
PLEASE CALL ALLAN BAHN AT (212) 818-9019