In today's complex construction marketplace, a comprehensive understanding of construction processes, project delivery systems, responsibilities of project participants, scheduling issues, claims avoidance, and risk management is essential to protect any client’s rights. At Alongi & Associates, LLC our in-depth knowledge of the construction industry allows us to counsel our construction clients on avoiding problems and disputes before seeking litigation.
When a dispute arises, we respond quickly to minimize our client's exposure and expenses. Where appropriate, we incorporate Alternative Dispute Resolution (ADR) procedures such as mediation or arbitration to achieve a prompt, cost-effective, and successful outcome. Moreover, our extensive litigation experience allows us to prosecute or defend complex construction claims in the state and federal courts in New Jersey and New York.
Our commitment to providing sound legal and business advice enabled us to grow and develop a diversified construction law practice. We represent an array of clients including contractors, subcontractors, developers, owners, sureties and insurers. Our attorneys are involved during all phases of construction, and we routinely provide advice with:
Bid Protest and Bidding Issues
Claims for Breach of Contract, Delay, Disruption, Acceleration, Differing Site Conditions, Equitable Adjustment, and Additional Compensation
Enforcement or Defense of Mechanic's Liens
Litigation, Arbitration, and Mediation
Payment and Performance Bond Claims
Prevailing Wage Issues
Our attorneys appreciate and understand the unique needs of our surety clients. In fact, the firm's founder served as associate general counsel to a surety company for 11 years prior to forming Alongi & Associates, LLC in 2002. Our attorneys are active members in many industry organizations such as the DRI, the American Bar Association, Surety Claims Institute, and the Surety Association of New Jersey. Our extensive knowledge of the surety and construction industries allows us to advise our surety clients during all stages of the claim process from initial claims investigation to litigation or arbitration. We regularly review and analyze payment, performance, subdivision, and other miscellaneous bond claims. While we prefer to resolve all claims through negotiation, we recognize that certain surety claims will undoubtedly result in litigation or arbitration. In those situations, our extensive knowledge of surety law combined with our litigation experience allows us to successfully and vigorously protect our client's rights and interests.
In the area of performance bonds, we routinely assist our surety clients in determining the propriety of a default/termination. Moreover, we recommend an appropriate course of action in response to the claim asserted including determination of project take-over, tender, financing the principal, deny/defend, drafting, and negotiating the required agreements for the chosen response. In situations where the surety has elected to take over, we also negotiate with critical subcontractors and suppliers to complete their scope of work for the surety or its completion contractor.
Our attorneys are well versed in the myriad of issues involving payment bond claims. We regularly analyze the validity of the claim asserted by reviewing the information and documentation supplied by the claimant and principal's response. We also identify and evaluate any potential surety defenses to the claim and, where appropriate, negotiate a settlement.
We have extensive experience in the area of subdivision bond claims and litigation. Our attorneys are particularly adept at identifying surety defenses to the claim including whether the claim was compromised, waived, or released by the actions of the obligee. If the claim is found to be valid, we prepare and negotiate the subdivision takeover agreements and completion agreements to minimize the surety's exposure.
Furthermore, during all phases of the claims process, our attorneys commit to aggressively pursue our client's indemnification and subrogation rights. This includes not only litigating claims upon indemnity agreements and securing remaining contract funds, but also asserting claims against other responsible parties including the principal's subcontractors, architects, construction managers, engineers, and accountants.
Our firm's surety clients include Aegis Security Insurance Company, American Contactors Indemnity Company/HCC Surety Group, Federal Insurance Company/Chubb Surety and First Indemnity of America Insurance Company. We also serve as counsel to the Surety Association of New Jersey.
We build our skills in the areas of surety and construction law. We have developed a diversified commercial litigation practice. Our firm regularly counsels clients on a wide variety of business and commercial matters, and provides commercial litigation services in the state and federal courts of New Jersey and New York. Our dedication to learning our clients' business, goals, and objectives enables us to meet their commercial litigation needs on a daily basis. Our commercial litigation clients represent a wide variety of industries ranging from international manufacturers to professional service firms. We provide commercial litigation services for breach of contract matters, real property disputes, and business tort claims that include misrepresentation and fraud claims.
When disputes arise, the end result is all too often costly and time consuming litigation. That is why many of our clients seek alternatives to traditional litigation. Here at our firm, we focus on protecting our clients' interests through the use of Alternate Dispute Resolution (ADR) techniques such as mediation and arbitration. Our attorneys strive to solve our clients' problems effectively, efficiently, and economically.
We regularly appear before ADR panels including those of the American Arbitration Association. Our knowledge of ADR procedures combined with our extensive experience in the areas of construction and surety law allows our attorneys to serve as court appointed mediators in complex, multiparty construction disputes. Whether our role is as an ADR neutral or an advocate for our client, our objective remains the same: to resolve the dispute as swiftly and cost effectively as possible.
We can help you attain a favorable outcome for your case. Call us today to get more information about our practice areas and legal services. Know that we are here to protect you legal rights and interests. We look forward to providing you with the legal representation you need.