Mr. Rothstein has proven experience in both public works and private construction projects ranging from single-family residences, common interest developments (condominiums), and commercial buildings to large-scale public works projects including schools, infrastructure, and military installations.
Our clients include public and private owners, developers, sureties, contractors, and subcontractors.
We have significant experience in all issues which traditionally arise in construction disputes including:
- Defective Construction
- Claims for extra work
- Delay and disruption issues including acceleration, claims for lost labor and equipment productivity
- Preparation of or defending against formal claims for additional compensation
- Time extensions
- Liquidated or actual damages and termination
- Calculating extended project costs, home office and field overhead, Eichleay and related formulas
- Stop notices and mechanics liens
- Payment and performance bond issues
Our firm frequently represents sureties on private and public works payment and performance bonds and Miller Act bonds. We have both prosecuted and defended homeowner association claims against developers and contractors. We have expertise in critical path scheduling, negotiation of change orders, and time extensions.
Mr. Rothstein also represents lenders and financial institutions primarily in debt recovery and loan workouts. Our services include:
- Debt restructuring
- Judicial and non-judicial foreclosures
- Provisional remedies including temporary restraining orders, writs of attachment and possession
- Litigation and trials
- Post-judgment enforcement proceedings against borrowers, guarantors and collateral.
Our business practice includes:
- Claims by or against businesses including contract and payment disputes
- Commercial disputes
- Commercial leases
- UCC and secured transactions
- Unfair competition and unfair business practices
- Real estate disputes.
Trials, Litigation, and Appeals- Our firm represents and advises clients who are or may become involved in litigation in such areas as construction, contract disputes, surety and insurance matters, and complex commercial litigation. Most disputes can be prevented, mediated or settled short of trial. With 25 years proven trial experience, Mr. Rothstein is well equipped to handle last minute trials involving corporate or business clients. Many of our clients are referred from other attorneys who trust our skills in and out of the courtroom.
Insurance Law - Our firm represent clients who are involved in matters pertaining to surety, insurance and reinsurance companies. We have served as counsel to major national and international companies. We have worked with clients when insurance coverage is disputed or when claims are challenged. Our clients include both insurers and insureds and we have presented our clients’ cases to both judge and jury.
Contracts- From negotiation to drafting to final review, each stage of contract development is crucial in obtaining the goals of the parties. We understand the nuances of language and apply them to our clients' advantage. We have the trial experience to help our clients when ambiguities arise, when there are questions as to performance, or damages, or when other unexpected contract issues bring you to court.
Alternative Dispute Resolution - Alternative Dispute Resolution (ADR) is the process of resolving legal conflicts without going to trial. Our firm advises clients on arbitration, mediation, mini-trials, and private judging. We have extensive expertise in determining when ADR is in the best interest of the client and meets their needs better than traditional litigation. Mr. Rothstein also serves as an arbitrator and mediator on a variety of matters.