Mazur Carp & Rubin, P.C. 1250 Broadway New York, NY 10001 212-686-7700

news & articles

Updated December, 2011

In a recent New York Law Journal article, Brian G. Lustbader described the ins and outs of performance bonds on construction projects, including the various circumstances under which sureties can be called upon, defenses available to sureties and other important matters related to such bonds. If you are interested in reviewing this article, CLICK HERE. If you have any questions about such bonds, feel free to contact Brian.

Every 10 years or so, the American Institute of Architects (the AIA) revises its form construction documents. According to an August 2008 New York Law Journal article authored by Brian G. Lustbader, those revisions are typically substantive and extensive, and the latest revisions, the 2007 form documents, are no exception. It is therefore of critical importance that all parties to construction projects, owners, developers, construction managers, contractors, and subcontractors, carefully analyze the new documents with their counsel and make appropriate modifications before signing them. Read More Feel free to call Brian if you have any questions about the new AIA A201-2007 form or any of the new AIA form agreements.

Whether the challenge is adjudicating a pending construction dispute or drafting construction contracts for projects yet to begin, no subject is more critical to experienced construction lawyers than the choice of a dispute resolution forum. In a November 2008 article published in the New York Law Journal, Gary L. Rubin discusses the impact of a recent U.S. Supreme Court decision on attorneys and clients trying to weigh the relative merits of litigation and arbitration (together with arbitration’s non-binding cousin, mediation). Read More

Brian G. Lustbader was just appointed Co-Chair of the Construction Law Committee of the New York State Bar Association's real estate section.

Sayward (Woody) Mazur, leader of the Construction Law practice group at MazurCarp, was quoted in the January 29, 2007 issue of Crain’s New York Business in an article, NYC Developers Resist the Push to go Green. He expressed concern about how much thought is being given to the long-term maintenance and replacement costs for certain green projects and unforeseen impacts down the road.

MazurCarp’s Elder Law Newsletter Summer 2008
In this Issue the focus is on planning for children with disabilities: A Special Plan for Special Needs, The Supplemental Needs Trust, Guardianship FAQ, Disability Benefits: SSI, SSDI & CDB. Read More or Download

Sayward (Woody) Mazur, has achieved the highest individual ranking among New York City Construction Lawyers by Chambers & Partners, in its publication, “America’s Leading Lawyers for Business”.
See Chambers website for its credentials and research methods.

“Best Lawyers in New York,” a ranking published by New York Magazine since 2005, has come up with its list for 2010. It includes Woody Mazur, Gary Rubin and Brian Lustbader for Construction Law, and Gerald Carp and Bob Freedman for Trusts & Estates..

“Super Lawyers,” another publication that ranks attorneys, named Woody Mazur, Gerald Carp, Gary Rubin, Brian Lustbader and Bob Freedman among the best in their fields in 2010.

Best Lawyers in America, published by Woodward/White, Inc., of Aiken, South Carolina, has advised that Woody (for Construction Law) and Jerry (for Trusts and Estates) “have been selected by [their] peers to be included in the 2007 edition...”

Note: Advertising rankings by magazines such as New York Magazine and Superlawyers is a matter under review by the Ethics Committee of the State of New Jersey. MazurCarp and Rubin is pleased to see its attorneys named in such publications but is not aware of the methods used to include or exclude lawyers from their lists. Certainly your choice of attorneys should not be based on such lists but on careful consideration of an attorney’s qualifications and experience and personal interviews.

In March 2010, Brian Lustbader conducted a webinar entitled how to update performance bond agreements in 2010: What Construction Lawyers Need To Know About Default, Defenses & Discharge and, in 2007, A seminar entitled "Construction Law Contract to Closeout” in November 2007. That seminar was sponsored by Lorman Education Services. Brian conducts many Lorman seminars on issues related to construction law and litigation, as does Woody Mazur.

See MazurCarp’s Estate Planning Alert, Summer 2006 by clicking on this link.
Gerald Carp, Tom Draper

Successful appeals being such a rare occurrence, MazurCarp is particularly happy about the successes of Woody Mazur and Frank Wagner in two matters argued and won back to back in successive terms of the Appellate Division, First Department. In AJ Contracting v Farmore Realty we inherited from trial counsel, a national law firm, an adverse judgment for over $6 million which included $2.5 million in ‘quantum meruit’ damages in excess of the amount of a lien discharge bond, levied against the party that bonded the lien, following a thirty day bench trial. The Appellate Division struck and dismissed all amounts over the face amount of the lien discharge bond, modifying the judgment by $2.5 million. That was in January. In February, we reversed the lower court’s denial of our motion for summary judgment dismissing a multi-million dollar counterclaim against our client based upon alleged breach of warranty of fitness of special scaffolding (Spider, etc. v. Pegno/Tully Joint Venture). (citations available on request)

Our Trusts & Estates practice has been enhanced in size and scope, not to mention experience and recognition, by the acquisition of Robert Freedman, Esq. (a veritable but relatively young ‘dean’ of Elder Law), and his partner Barry I. Lutzky, and associate Lisa M. DeKenipp, all formerly of Freedman Fish and Grimaldi LLP. Our welcome new colleagues bring us skills and a wealth of experience not only in our traditional areas of trusts and estates but also in Elder Law and Disabilities planning.

Woody Mazur and Gary Rubin jointly successfully resolved within 8 months of assignment of the cases a $17 million claim by a mechanical subcontractor against the general contractor on a major power plant, a $5,000,000 sub-subcontractor claim against the mechanical subcontractor, and a $1.2 million claim against it by another sub-subcontractor. (Reference available on request).

The firm is also pleased to have been ‘awarded’ the role of construction counsel to a major New York state public agency and the affiliate of a national power company that is the owner of a 500 MW Power plant, presently under construction, one of the largest in the New York Metro area.

All authors’ royalties from Westlaw’s renowned publication, Commercial Litigation in New York State Courts, go to the New York County Lawyer’s Association, so we take only ‘non-commercial’ pride in directing readers to it. Nevertheless, we are pleased that Gary L. Rubin and Woody Mazur are the co-authors of its chapter 81 on Construction Law, and that Gary, principally, has been the author of the annual updates since 1995. You will find it covers many important areas of substantive construction law as well as litigation strategy, pleadings and more.

Editors: Sayward Mazur & Brian G. Lustbader