Construction Industry

Hoguet Newman Regal & Kenney attorneys have extensive experience in construction litigation, contracting and procurement for private, public, and government agencies. This includes, for example, the firm’s longtime representation of the Metropolitan Transportation Authority (MTA) and its affiliated operating authorities in connection with its capital construction program.

In addition to representing the MTA in a major litigation arising from a dispute over the design and construction of a security system in its mass transit system,culminating in a five-week federal bench trial in late 2014, Hoguet Newman

Construction1

Regal & Kenney currently represents the MTA in connection with the building of the East Side Access project, bringing Long Island Rail Road service to Grand Central Terminal via a newly constructed railroad tunnel.Representation includes working with project staff in responding to contractors’ claims, analyzing contractual terms and conditions, and representing the MTA in alternative dispute resolution proceedings. Hoguet Newman Regal & Kenney also has provided counsel to the Battery Park City Authority in connection with revising its standard construction contract, and recently undertook a project for the Empire State Development Corporation where our attorneys examined and revised a series of lien release and waiver forms in use on ESDC-funded projects.

Beyond the metropolitan New York City area, Hoguet Newman Regal & Kenney has represented an international testing company in a refinery explosion case in San Juan, Puerto Rico and in Cheyenne, WY; and represented Dickinson Cameron Construction in various construction matters.

Hoguet Newman Regal & Kenney’s insurance recovery practice also includes representation of policyholders in construction-related insurance claims, where insurance for alleged construction damage may be challenged by the insurer.

Representative cases include:
  •  Lockheed Martin v. MTA, MTA Capital Construction Co., No. 09-CV-4077 (PGG) (S.D.N.Y.). Hoguet Newman Regal & Kenney represents the MTA and its capital construction program in a breach of contract action arising from the installation of an electronic security system that was to be installed throughout the mass transit system. MTA was sued for $150 million and counterclaimed for $200 million due to the failure of promised technology, among other bases. The litigation presented issues ranging from allegations of changes to the contract and delay damages to complex issues concerning whether the software satisfied the contract’s functional requirements. Our attorneys tried the case before a federal district judge over the course of five weeks in the fall of 2014 and are awaiting a decision.
  • Stonewall v. Long Island Rail Road, No. 503994/12 (Sup. Ct. Kings Co.). We currently represent the LIRR in an action brought by a contractor claiming it is due damages for delays incurred in connection with the construction of the new LIRR railroad station in Brooklyn (the Atlantic Terminal).
  • F&S Contracting v. Greater Jamaica Development Corp; Greater Jamaica Development Corp v. Long Island Rail Road et al,. No. 654136/13 (Sup. Ct. N.Y. Co.). In this construction litigation, Hoguet Newman Regal & Kenney represents the Long Island Rail Road (LIRR) in a third-party action in connection with its role in supporting the redevelopment of the Jamaica Avenue retail area adjacent to the LIRR’s Jamaica station.
  • MacArthur Properties v. MTA, No. 116303/09 (Sup. Ct., N.Y. Co). We represent the MTA in an action brought by an owner of property along Second Avenue who claims he has suffered a diminution of value and lost rent due to excavation and construction work for the new Second Avenue subway line
  • Matter of Crana Electric (Contract No. 16-23254). In 2016, Hoguet Newman Regal & Kenney provided counsel to the Vice President for Internal Audit and Chief Administrative Officer in connection with his obligation under the dispute resolution procedures of Battery Park City Authority’s construction contract to preside over a contract dispute submitted by the contractor and render a decision, in writing, determining the claim.
  • Hoguet Newman Regal & Kenney performed a review of Battery Park City Authority’s form construction contract and recommendation of various revisions.
  • Matter of McGowan Builders. Our attorneys provided counsel to the Battery Park City Authority in connection with the settlement of a dispute arising from work performed on Phase III of the Building Restoration portion of the Pier I project.
  • Visionaire Matter. Hoguet Newman Regal & Kenney performed an investigation regarding the cause and extent of construction defects on a new “green” Battery Park City Authority building and made recommendations in a report to the Authority.
  • Cruz Aponte v. Caribbean Petroleum Corp., et al., 09 CV 2092 (District of Puerto Rico). We represented Intertek, PLC, a London-based, international testing company, in a $500 million claim brought against it after an explosion and fire at the former Gulf Oil in Bayamon, Puerto Rico. The case was settled on the eve of trial.
  • Sinclair Wyoming Refinery Company v. Pro-Inspect, Inc. et al., No. 12-CV-196-J (District of Wyoming) Hoguet Newman Regal & Kenney attorneys again represented Intertek in a case brought by an oil refining company asserting negligence and breach of contract claims arising from an explosion and fire at the plaintiff’s crude oil refinery. We tried the case before a Federal Judge in Cheyenne, WY over four weeks in 2014, and are awaiting the court’s decision.
  • Mortensen Mid-Atlantic v. Dickenson Cameron Construction. Our attorneys successfully represented Dickenson Cameron in a lien foreclosure action and counterclaim for breach of contract and delay damages.
  • Anvil Ironworks v. Dickenson Cameron Construction. Hoguet Newman Regal & Kenney represented Dickenson Cameron Construction (DCC) in a claim by a materials supplier who was in a dispute with its own contractor, which brought an injunction against DCC to recover the materials that DCC would not release.
  • We represented Dickenson Cameron Construction in a lien dispute with Reliable Electric of NYC in connection with work done at the New York showroom of Tesla Motors. Our attorneys successfully had the improperly filed lien removed.
  • First Mercury Is. Co. v. Nova Restoration of NY, Inc. et al., No. 656240/2016 (Sup. Ct. N.Y. Co.). Hoguet Newman Regal & Kenney is representing a leading exterior restoration construction company in an insurance coverage action for alleged property damage in a condominium restoration project.
  • American Empire Surplus Lines Ins. Co. v. Nova Restoration of NY, Inc., No. 650412/2017 (Sup. Ct. N.Y. Co.) Hoguet Newman Regal & Kenney also represents this leading exterior restoration construction company in an insurance coverage action for alleged property damage in an apartment building restoration project.
  • Our firm also represents a commercial property owner and a housing cooperative in an insurance coverage dispute relating to damage allegedly caused by a university’s construction at a neighboring property.
  • D.K. Property, Inc. v. 34 Prince Equities, LLC, Time Equities, Inc. and Carrickmore/PG LLC, No. 150920/2016 (New York Superior Court, New York City) Hoguet Newman Regal & Kenney represents the owner of a 30-unit New York City apartment building in connection with its claim for insurance coverage for damage allegedly cause by construction of an adjacent $100 million apartment complex.

Your Team