Real estate development in New York City presents many challenges, including coordinating construction with neighboring property owners and protecting adjacent properties. Sean negotiates access license agreements for his development clients – as well as impacted neighboring property owners – in order to address all aspects of accessing requests that arise during the development process. These requests include underpinning, structural reinforcement, chimney extensions, coordination of concurrent construction projects, lot line window protection and closures, monitoring, and overhead and rooftop protections.  In addition, Sean has broad experience litigating special proceedings pursuant to RPAPL 881 to dictate access terms to neighboring properties.

Representative Matters:

• Represents a not-for-profit religious organization in the development of a $20 million cultural and community center. This includes the negotiations of construction and design agreements, managing COVID-19 related delays and cost increases, managing disputes with contractors, and license agreement negotiations to access neighboring properties.
• Represents charter schools in the multimillion-dollar construction of new schools in NYC and in the renovation of existing buildings.
• Represents a developer in the construction and renovation of nursing homes and assisted living facilities across the country, including projects in Massachusetts, Texas, Nebraska, and Iowa.
• Represents Philadelphia-based developers in the construction of ground-up mixed used and multi-family residential properties, ranging from $5 million to $15 million.
• Defended a NYC hotel in a RPAPL 881 proceeding where a neighboring developer sought access to install protections on amenity terrace space.  Sean obtained a favorable and since heavily cited opinion, that awarded the client significant consideration and legal protections for the impacts to its hotel operations.
• Negotiated construction management agreement for the development of a new $20 million mixed-use building in New Jersey.
• Represented a real estate developer in an appeal before the New York State Appellate Division, Second Department to discharge a mechanic’s lien based purely on pre-construction management services. Obtained a monumental decision limiting the scope of pre-construction services that may form a valid basis for a mechanic’s lien.
• Represented solar energy development companies and succeeded on motion to dismiss breach of fiduciary duty, tortious interference with prospective business relations, unjust enrichment and conspiracy claims for lack of personal jurisdiction, failure to state a cause of action, and forum non conveniens.
• Succeeded on motion for summary judgment dismissing all claims against structural engineering firm client in multimillion-dollar action alleging various construction and design defects.
• Defended an architecture firm and structural engineer firm against design defect and professional liability claims in an adversary proceeding in the U.S. Bankruptcy Court, Eastern District of New York and succeeded on motion to dismiss all claims on abstention grounds.
• Represented an owner of a landmarked, historic brownstone building in an action against a neighboring property owner for breach of a license agreement, property damage, and private nuisance and obtained a favorable settlement at mediation.
• Represented a not-for-profit religious organization that was developing a meditation retreat center in claims against its former construction manager for delays, defective work, and breach of contract.
• Represented a real estate investment company in its fraud claims against a developer arising from the developer withholding significant latent defects during the sale of high-rise residential building. Assisted with successful respondent’s brief upholding dismissal of defendants’ motion to dismiss and obtained sanctions against the defendants for the spoliation of documentation, leading to a favorable settlement.