David J. Pfeffer

Partner and Chair of Construction Group

P 212.216.8075    F 212.216.8001
1350 Broadway
New York, NY 10018

 

David J. Pfeffer

Partner and Chair of Construction Group

P 212.216.8075    F 212.216.8001   dpfeffer@tarterkrinsky.com

David Pfeffer is a partner and chair of the Construction Group at Tarter Krinsky & Drogin. David also serves as a member of the Firm’s Executive Committee.

David works with clients in the commercial real estate and construction industry, and represents commercial, institutional and residential real estate owners, operators and developers. David is helping his clients reshape skylines through some of the most significant construction and development projects in Brooklyn, Manhattan and Long Island City.

As a business partner to his clients, David not only provides sound legal advice, but also has a keen understanding of the business climate. He handles matters such as contract preparation, development, continuing operation, leasing and dispute resolution, and also maintains an active practice in business negotiation. Providing business solutions from a legal perspective, David’s practice focuses on project delivery strategies and the preparation and negotiation of design, construction and related contracts for private and public real estate development projects.

In addition, David has litigated cases in state and federal courts throughout the United States and before various alternative dispute resolution boards, gaining a solid reputation as a litigator who develops innovative solutions to complex disputes. He is widely experienced in prosecuting and defending construction and real estate related disputes such as:

  • design errors
  • mold and water infiltration claims
  • building failures
  • delays, acceleration and consequential damage claims
  • surety bond claims
  • insurance coverage disputes
  • lien and trust fund issues
  • bid protests and bid rigging
  • lease and ownership disputes
  • copyright claims
  • general contract matters

Representative Matters

  • Representing Nomura Securities/Nomura Holdings, Inc. in all aspects of the design and construction of its United States headquarters
  • Representing TEN Arquitectos/Enrique Norten in $300 million Clinton Park project
  • Represented Cayuga Capital Management LLC in all aspects of construction and real estate development for its properties in New York City including 44 Berry Street and the Steelworks Building
  • Represented the owner/developer in the redevelopment of Nitehawk Cinema, a mixed-use property in Williamsburg, Brooklyn
  • Advised Sleepy’s Inc. on construction and business issues and contract preparation for its new warehouses and 500,000+ square-foot office building

David is a frequent speaker, published author and quoted source who has been featured in Law360, The Real Deal, Crain’s New York Business, The New York Post, Real Estate Weekly, among others. He has been ranked in Chambers as a leading construction lawyer in New York (2006–2021) and recognized as a 2020 New York Trailblazer by the New York Law Journal (NYLJ).

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Community Involvement
  • Past Board Member and Chair of Legal Committee at Pine Hollow Country Club
Education
  • John Jay College of Criminal Justice,  B.A., cum laude, 1993 in Legal Studies
  • Maurice A. Deane School of Law at Hofstra University, J.D., 1996, with honors
    • Editor, Hofstra Law Review
Admissions
  • New York
  • U.S. Supreme Court
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York
Awards and Honors
  • Chambers and Partners, leading construction lawyer in New York, 2006–2021
  • New York Super Lawyers, Construction Litigation, 2016-2021
  • New York Law Journal, Trailblazers, 2020
Community Involvement
  • Past Board Member and Chair of Legal Committee at Pine Hollow Country Club
Memberships
  • Board Member, John Jay College of Criminal Justice Aux Corporation
Articles
  • The Conundrum With Short-Term Rentals in NYC
  • Deregulation of Rent-Stabilized Units: Protecting your real estate asset following the ruling in Roberts v. Tishman Speyer
  • The Construction Contract: Lump Sum v. Cost Plus
  • Foreign Investments Help Fund Commercial Development, Fall 2010
  • Foreign Investments Help Fund Commercial Development
  • Next Steps and Defenses Following ‘Roberts’ Decision
  • The TKD Construction Advisor - Avoiding and Documenting Construction Claims
Speaking Engagements
  • Anchin Construction & Development Forum
  • Bisnow Brooklyn State of the Market Event
  • Nitehawk Cinema

    Entrepreneur Matthew Viragh approached David Pfeffer, Chair of Tarter Krinsky & Drogin’s Construction Practice, for legal and business counsel relating to a new and unique cinema to be opened in Williamsburg, Brooklyn.

  • apple seeds LLC

    apple seeds LLC is a growing organization that provides indoor playground facilities, classes, birthday parties and other activities. As an emerging and growing business, apple seeds needed a business-minded legal partner who understood the challenges of being a middle market business. They needed help building the company from the ground floor up, and providing a solid foundation for future growth.  

News

Events

  • David Pfeffer Authors Article on Legal Issues of Construction Collapses

    On September 30, 2021, Partner and Chair of the Construction Practice, David Pfeffer authored the article, “Broken Buildings: Legal Rights and Remedies in the Wake of a Collapse” featured in Construction Executive

  • Key Takeaways From Anchin’s Future of Office Design Webinar

    Anchin’s Future Forward 2021 Conference brought together major players in the construction community to discuss the future of development and design in New York City. On February 9, Construction Partner and Chair David Pfeffer moderated the panel, “How COVID will Permanently Impact Office Design and Workplace Strategies of the Future.” 

  • David Pfeffer and Sean Scuderi’s Co-Authored Article “Pre-Construction Services: To Lien or not to Lien” Featured in the Mann Report

    The November 9, 2020 issue of the Mann Report features Construction Co-Chair and Partner David Pfeffer’s and Counsel Sean Scuderi’s article entitled, “Pre-Construction Services: To Lien or Not to Lien.” The article delves into the decision rendered in the case Old Post Road Associates LLC v. LRC Construction LLC, by the New York State Supreme Court Appellate Division, Second Department.

  • Project Restart: Strategy For Remobilizing Construction

    New York State Governor Andrew Cuomo recently announced phased reopening of businesses, with the construction industry included in Phase 1. The Governor’s announcement means project owners in New York should prepare for construction to restart. Given the long pause of most projects in New York, contractors and subcontractors will first report to their most profitable projects where payments are made timely.  We recommend that owners consider taking the following steps before the construction ban is lifted to successfully restart their projects.

  • David Pfeffer Authors Law360 Article on What NYC Landlords and Tenants Need to Know About Short-Term Apartment Rental Services

    Construction chair and partner David Pfeffer authored an article in Law360 on "The Conundrum With Short-Term Rentals." The article explores what New York City landlords and tenants need to know about how recent regulations on short-term apartment rental services such as Airbnb, HomeAway, VBRO and Roomorama affect their properties.

Education
  • John Jay College of Criminal Justice,  B.A., cum laude, 1993 in Legal Studies
  • Maurice A. Deane School of Law at Hofstra University, J.D., 1996, with honors
    • Editor, Hofstra Law Review
Admissions
  • New York
  • U.S. Supreme Court
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York
Awards and Honors
  • Chambers and Partners, leading construction lawyer in New York, 2006–2021
  • New York Super Lawyers, Construction Litigation, 2016-2021
  • New York Law Journal, Trailblazers, 2020
Memberships
  • Board Member, John Jay College of Criminal Justice Aux Corporation
Articles
  • The Conundrum With Short-Term Rentals in NYC
  • Deregulation of Rent-Stabilized Units: Protecting your real estate asset following the ruling in Roberts v. Tishman Speyer
  • The Construction Contract: Lump Sum v. Cost Plus
  • Foreign Investments Help Fund Commercial Development, Fall 2010
  • Foreign Investments Help Fund Commercial Development
  • Next Steps and Defenses Following ‘Roberts’ Decision
  • The TKD Construction Advisor - Avoiding and Documenting Construction Claims
Speaking Engagements
  • Anchin Construction & Development Forum
  • Bisnow Brooklyn State of the Market Event

David Pfeffer

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