Construction and Surety
Proficiency in construction law and accident litigation has long been the hallmark of MMP&S. Our involvement on behalf of our clients, whether contractors, brokers or insurers, includes comprehensive pre-litigation claim analysis and extends through trial and appeals. We are regularly retained in the most high profile construction matters and have made a significant contribution to the continued development of New York’s Labor Law by virtue of dozens of appellate decisions, including critical Court of Appeals decisions, decided in favor of our insurance and construction clients.MMP&S could not be more proud of the results that we have achieved and the reputation we have earned as construction accident trial lawyers. Whether the issue is the fundamental applicability of New York’s Labor Law or the viability of a sole proximate cause defense, MMP&S has proven time and again that we have the willingness to try even the most challenging of cases and the skill to prevail.
Our construction accident group handles everything from the catastrophic crane collapse to the more routine worksite slip and fall. Whatever the degree of complexity, our intensity at point of attack does not vary. From the initial notice of claim, and as needed through trial and appeals, our approach is swift and efficient. For example, we are mindful that a failure to timely issue a proper response may expose our client to liability that they may have otherwise avoided. We work to develop simple and dependable systems to ensure that all proper notices and coverage denials are timely issued.
Very often the most critical challenge in construction litigation is the accurate and efficient identification, assertion and management of claims by and against co-defendant owners, general and subcontractors. Few firms have had a greater impact on the development of law in this area than MMP&S. Specifically, risk transfer through contractual indemnification and contribution has become increasingly important in the wake of the 1996 adoption of the “grave injury” provision in Section 11 of the Workers’ Compensation Law. The “grave injury” requirement has virtually eliminated actions against the employer for common law indemnity and contribution. The ability to direct a Labor Law claim within the framework of the statute is a critical component of the effort to increase risk sharing and minimize exposure.
