Broadcast Date: Tuesday, December 06, 2022
from 12:00 pm to 1:00 pm (ET)


The past few years have been plagued by construction project delays because of the pandemic-prompted suspension of works worldwide. With a series of challenges that are likely to loom in the construction industry this year, all concerned practitioners must take innovative approaches to be one step ahead of the shifting landscape, especially in construction defect cases and litigation.

Furthermore, it is imperative to review current standard practices and stay well-versed with the significant considerations as construction disputes continue to skyrocket.

Listen as thought leaders and practitioners in construction law Kirk J. McCormick (Ruberto, Israel & Weiner, P.C.) and Steven Nudelman (Greenbaum Rowe Smith & Davis LLP) delve into an in-depth analysis of the current developments surrounding construction defect claims and litigation. Speakers will provide helpful tips and strategies for resolving disputes in the increasingly challenging construction environment.

Key topics include:

  • Recent Trends in Construction Defect Litigation
  • Notable Court Cases Implicating Construction Defect Litigation
  • Emerging Issues and Challenges
  • Defense Strategies Against Construction Defect Claims
  • Practical Considerations and Best Practices to Mitigate Risks
  • An Outlook


Course Level:



Advance Preparation:

Print and review course materials


Method of Presentation:

On-Demand Webcast



General knowledge of construction laws


Course Code:



NY Category of CLE Credit:

Areas of Professional Practice


Total Credit:

1.0 CLE

Speaker Panel:

Kirk J. McCormick, Shareholder
Ruberto, Israel & Weiner, P.C.

Kirk J. McCormick is a shareholder of the firm, Chair of the firm’s Construction Law Group, and a member of the firm’s Litigation Department. Kirk represents general contractors, subcontractors, sureties, owners, architects, and engineers throughout the United States on public and private construction projects. He assists clients with payment and performance bond claims, subrogation issues, construction defect claims, CGL and professional liability insurance issues, mechanic’s liens, and contract administration and termination. Kirk’s practice involves preparing, submitting, and defending delay claims, as well as claims concerning differing site conditions, defective specifications, access restraints, and lost productivity. He also has extensive experience with federal, state, and local government contracts, including bid protests, default terminations, False Claims Act defense, and procurement and contract administration under the Federal Acquisition Regulation (FAR) system and state and local procurement laws.

In addition to his experience with construction and government contracts, Kirk also has extensive experience litigating and counseling clients concerning complex business and regulatory matters, including real estate disputes, import and export regulations, condominium law, risk avoidance, and other general commercial matters.

Steven Nudelman, Partner
Greenbaum Rowe Smith & Davis LLP

Steven is a partner in the Litigation and Real Estate Departments at Greenbaum, Rowe, Smith & Davis LLP.  He is Chair of the firm’s Construction Contracting & Risk Management Practice Group and a member of the Construction Disputes Practice Group. Steven has practiced construction law for over 25 years, handling both transactional matters and claims.  He works with owners, contractors and design professionals to prepare and negotiate contracts for regional construction in the New York/New Jersey area as well as international construction in other countries. In addition to contracting, Steven often represents clients in construction disputes, appearing before state and federal courts, as well as local and international arbitration tribunals. Steven is a Charter Fellow of the Construction Lawyers Society of America and Co-Chair of the Construction Law Section of the New Jersey State Bar Association.



Kirk J. McCormickShareholder

Ruberto, Israel & Weiner, P.C.

  • Insurance Coverage Issues: The “Your Work” Exclusion and the Subcontractor Exception to the “Your Work” Exclusion 
  • Insurance Coverage Issues: The Importance of Notice 
  • Statute of Repose Implications 
  • Warranty Issues 
  • Faulty Plans vs. Faulty Workmanship 
  • Valuation of Damages 


Steven NudelmanPartner

Greenbaum Rowe Smith & Davis LLP

  1. Construction Claims 
    • Breach of Contract
    • Negligence
    • Misrepresentation and Fraud
    • Strict Liability
    • Economic Loss Doctrine
    • Statutory Claims (Consumer Fraud / Deceptive Business Practices)
    • Claims against Design Professionals
    • Claims against Third Parties
  2. Mediation 
    • Paper Discovery
    • Preliminary Expert Reports
    • Selection of Mediator
    • Narrow Issues /Focus on Settlement
    • Settled / Impasse / To Be Continued

Date & Time:

Tuesday, December 06, 2022

12:00 pm to 1:00 pm (ET)

Who Should Attend:

  • Construction Lawyers
  • Contractors and Subcontractors
  • Contract Administrators
  • Contract Managers
  • Project Managers
  • Insurance Lawyers
  • Risk Managers
  • Construction Industry Executives
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Kirk J. McCormickShareholder
Ruberto, Israel & Weiner, P.C.
Steven NudelmanPartner
Greenbaum Rowe Smith & Davis LLP



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