PRACTICE AREAS

The Law Office of Elias Schwartz - Areas of Practice
 

Collection of Outstanding Accounts:

We have represented many major building material suppliers in the New York State area for over 30 years and are intimately familiar with the needs of the building material supply and construction industry.

 

Our firm utilizes all remedies available in the State of New York, a state favorable to the claims of creditors supplying materials as well as construction services for the improvement of real property, including remedies under New York State Lien Law.

 

We have had great success and have a demonstrated track record in representing material suppliers and contractors, affording us a reputation unsurpassed in the industry.

 

We believe that it is important for all members of the construction industry to establish a reputation within the community for vigorously pursuing their outstanding receivables.  We encourage our clients to pursue past due debt at the earliest possible time, greatly enhancing the chance for recovery. 

 

Our use of hourly billing allows our clients to readily turn over accounts for collection instead of waiting several months for fear of losing one- third of the recovery in contingency fees.

 

Our reputation in the building supply and construction industry is that of diligence and aggressiveness in pursuing debtors.  We have witnessed many debtors with larceny in their hearts electing to utilize vendors not represented by this firm in an attempt to avoid being pursued by us.

 

We believe our reputation assists in the expeditious resolution and recovery of industry related claims.

Mechanic's Liens and Foreclosures:

A Mechanic's Lien provides protection for those who have supplied labor or materials for the improvement of real property. A Mechanic's Lien on Account of Public Improvement provides protection on contracts for the construction of public works projects. We promptly prepare, file and serve liens and enforce them through lien foreclosure actions.  

 

Our firm also represents claimants under New York State Lien Law Article 3A which governs the use and distribution of Trust Funds on all construction projects.

 

Our firm handles matters involving:

 

  • Lien disputes between owners, contractors and subcontractors

  • Wrongfully filed Mechanic's Liens

  • Private Liens

  • Public Improvement Liens

Bond Claims:

Pursuant to statute, a contractor and/or subcontractor must provide a labor and materialpayment bond on all public projects in New York State. In addition, some private owners require these bonds as well. The bonds protect those laborers, subcontractors and/or material suppliers who furnished labor or material to a contractor or subcontractor on the construction project. Our firm has always had great success in recovering money for contractors and subcontractors by filing claims and lawsuits under these bonds.

Construction Law:

Our firm negotiates and litigates the complex and unique issues that arise in any aspect of the construction industry. We are experienced in all areas of construction law involving drafting and negotiating contracts, and the prosecution and defense of construction defect cases.

 

Our firm also handles a variety of matters including:

 

  • Breach of Construction Contracts

  • MBE/WMBE Enterprises

  • Owner, Contractor and Subcontractor Agreements and Disputes

Construction Access/ License Agreements:

As older properties are demolished and replaced with newer, towering buildings in and around New York City, there is an increasing importance in the area of law surrounding Construction Licenses and Agreements. Our firm is highly experienced in New York City and State Construction Licenses and access Agreements as well as easements with utilities which assist developers and protect adjacent property owners and properties.

Commercial Litigation:

Our Commercial Litigation practice also encompasses a wide range of matters including but not limited to: 

 

  • Contract Disputes

  • Breach of Employment Agreements

  • Business Torts including Tortious Interference with Contractual Relations

  • Fraud

Real Estate:

Our firm provides expertise in all aspects of real estate law. Our clients include landlords, developers, cooperative boards, and construction companies. Whether it is the purchase or sale of your new home, acquisition or sale of a new commercial property, landlord/ tenant disputes, or construction and development issues, our firm can help.

 

Real Estate Litigation:

 

We practice Real Estate Litigation including:

 

  • Easements and Entitlement

  • Title Issues

  • Lis Pendens

  • Rights of Way

  • Possession

  • Breach of Contracts (residential and commercial)

 

Real Estate Transactions:

 

We handle a variety of Real Estate Transactions including:

 

  • Buy/ Sell

  • Raw Land

  • Commercial/ Residential

  • Development Sites

  • License Agreements

  • Leasing (residential and commercial)

Business Transactions:

Our firm assists businesses in a variety of ways from initial formation, day-to-day activities, acquisitions and sales and disputes.

 

We also handle the purchase and sale of businesses in a wide range of industries including the:

 

  • Automobile industry

  • Maritime industry

  • Intellectual Property

  • Entertainment

  • Movie and Television Production

  • Structured Purchase and Sale Transactions including Stock and Asset Structures

  • Employee Stock Options

  • Leases

  • License Agreements

  • Partnerships

  • Limited Liability Companies (LLC)

  • Dissolutions

  • Partner/ Owner Disputes

  • Complex Operating Agreements

Department of Transportation Tickets:

Through our long standing relationship and representation of various material suppliers, we have developed an understanding of all of our clients' needs. Often corporations with vehicles on the road deal with traffic violations and fines from the Department of Transportation and/or from local towns and/ or municipalities. Our firm has proven great success defending tickets including those issued for overweight and over-length trucks and maintains an exceptional track record of getting fines drastically reduced and in many cases, dismissed in their entirety.

Construction Accident Defense:

Due to the nature of the construction industry, lawsuits involving on the job inquiries have become all too common. 

 

Our firm can assist you in the defense of these actions including:

 

  • Securing Insurance Coverage

  • NYS Labor Law §§200, 240(1) and 241(6) claims

  • General Negligence Claims

 

In addition, our firm provides review and analysis of owner/contractor/subcontractor agreements and CGL policies to insure there is proper coverage and indemnification for our clients in case of an on the job accident.

Labor and Employment Law:

Our firm represents management in all aspects of employment law, including labor disputes, discrimination and harassment suits in federal and state courts, as well as administrative proceedings before the United States Equal Employment Opportunity Commission, the New York State Division of Human Rights, the New York City Commission on Human Rights, and other local and municipal bodies.

 

Our firm represents employers in Union Arbitrations.

 

We also have extensive experience drafting Employee Handbooks which are often both deterrents and defenses to suits and proceedings brought against employers.

 

We offer training sessions to our clients in which we travel to their place of business and conduct seminars for their employees to educate them on proper workplace conduct, including what constitutes discriminatory or harassing behaviors and what to do if such conduct occurs.

 

We negotiate and draft employment agreements with and without non-competition provisions.

 

We negotiate and draft employee severance agreements. We are available to our clients as needed to provide additional ongoing advice and counseling on all employee matters.

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