Construction projects rarely follow a perfectly straight path. Contracts, payment disputes, insurance issues, and post-construction claims can all arise along the way, creating challenges for owners, contractors, and project teams alike. Anderson Kill is a law firm that focuses on helping construction professionals navigate these complexities. We sat down with Allen Wolff, Co-Chair of the Construction Practice at Anderson Kill, about emerging legal issues in the industry and how the firm supports clients across the full lifecycle of a project.  

To start, can you tell us a bit about Anderson Kill and the services you provide to the construction industry? 

Anderson Kill is a law firm with a dedicated construction practice that supports participants across the entire lifecycle of a project. Our work ranges from contract drafting and negotiation through to payment disputes, mechanics’ liens, and change order conflicts that can arise during construction. 

What really sets our firm apart is that we also handle construction-related insurance coverage disputes. When something goes wrong on a project – such as an accident that results in bodily injury or property damage to neighboring property, or property damage to the project itself, delays, or defect claims – those issues often intersect with insurance coverage. We help clients not only resolve the legal dispute itself but also secure the insurance coverage that may be available to address the loss. 

 

Who are your typical clients in the construction sector? 

Our clients span the full range of project participants. We represent subcontractors, suppliers, contractors, construction managers, project owners, and design professionals. 

Within our firm we have more than 50 lawyers, with roughly a dozen working directly in construction matters. Between myself and my colleague Dennis Artese, who co-chairs the practice with me, we bring more than 50 years of combined experience in construction law. That depth of experience allows us to guide clients through both the business and legal realities of construction projects. 

 

What are some of the most significant legal issues affecting construction in New York right now? 

One of the most prominent issues remains New York’s Scaffold Law, which imposes strict liability for gravity-related construction accidents. It’s unique to New York and can create significant challenges for contractors and other project participants when claims arise. Insurance recovery is critical in these cases. 

Another developing issue involves insurance coverage for general contractors under certain circumstances. Some of the precedent that insurers rely on was based on older policy language that is no longer commonly used. That’s leading to ongoing litigation over how those cases should apply today, and we believe there are strong opportunities for policyholders to challenge coverage denials in the courts. 

We’re also seeing more disputes related to builder’s risk policies, particularly around delays caused by regulatory actions such as stop-work orders. 

 

What can visitors expect if they stop by your booth at New York Build? 

This is our first time exhibiting at New York Build after attending the event previously, and we’re looking forward to connecting with professionals across the industry. Our team will be at booth #1377 throughout the show to talk through the kinds of legal and insurance challenges that construction participants face. 

Events like New York Build are a great opportunity for us to meet people across the industry and explain how we support construction businesses at every stage of a project. Ideally, we like to get involved early in a project so we can review contracts and insurance provisions and help prevent disputes later. But we also assist clients when problems arise during or after construction, whether that involves payment issues, defect claims, or insurance disputes.