Timothy D. Boldt, Partner, is an experienced commercial litigator and counselor, focusing on the unique needs of sureties, contractors, subcontractors, and construction managers. Mr. Boldt works with clients through all aspects of dispute resolution, including compliance with complex contractual and statutory claims procedures, informal and formal mediation, arbitration and litigation in New York’s state and federal court systems. Although Mr. Boldt is a New York attorney, he handles matters wherever clients have disputes and has been admitted pro hac vice in other states.
Since joining the firm, Mr. Boldt has played an intricate role in several complex multi-million dollar disputes including matters against the State of New York, an internationally known design firm and a general contractor of similar repute. Mr. Boldt also has significant experiences handling smaller value disputes, including small subcontractor and homeowner disputes that benefit from creative, cost-sensitive legal tactics. Mr. Boldt also handles personal injury defense cases. In addition to litigation, Mr. Boldt is an experienced construction counselor and advises clients with respect to all matters impacting construction companies, including general risk management, pre-award contract analysis, statutory and regulatory compliance including disputes with New York State agencies, change order disputes and claims handling, contract interpretation and collection/judgment enforcement issues.
With respect to the surety industry, Mr. Boldt handles contract surety cases at every stage of dispute and has extensive experience enforcing indemnity obligations stemming from a wide range of bonds including fidelity bonds and motor vehicle dealer bonds. In 2006, Mr. Boldt co-authored the New York chapter of the American Bar Association's Payment Bond Manual and has been published in the ABA Fidelity & Surety Law Committee’s Newsletter.
Mr. Boldt received his Bachelors of Science from Nazareth College of Rochester and his Juris Doctor from the University at Buffalo Law School-State University of New York.
- Construction Litigation and Counseling
- Surety and Fidelity Counseling
- Collections, Indemnity Litigation and Judgment Enforcement
- Personal Injury Defense
- Mechanics’ Liens
- New York Courts
- U.S. District Court, Northern, Southern, Eastern and Western Districts of New York
- New York Takes Design-Build/Best Value For A Test Drive, Construction Risk Management Reporter, (Ernstrom & Dreste Summer 2012); Co-Author
- ConsensusDOCS Contract Documents Handbook, Ch. 6, Standard Form of Agreement and General Conditions between Owner and Design Builder. (Wolters Kluwer 2012); Author
- Surety Takeover: A Marriage of Convenience, American Bar Association Fidelity & Surety Law Committee Newsletter (ABA Spring 2011); Author
- New York Expands Insured’s Right to Recover Consequential Damages; American Bar Association Fidelity & Surety Law Committee Newsletter (ABA Fall 2010); Author
- Notify Insurance Carriers ‘As soon as practicable,’ Construction Risk Management Reporter, (Ernstrom & Dreste Summer 2010); Author
- DOL and OSHA: Back in the Enforcement Business. Construction Risk Management Reporter, (Ernstrom & Dreste Fall 2009); Author
- What’s Your Judgment Worth? Important Changes and New Loopholes That Benefit Debtors, Fidelity & Surety Reporter (Ernstrom & Dreste Summer 2009); Author
- Payment Bond Manual, New York Chapter, (ABA 2006); Co-Author
- National Business Institute, Construction Defect Litigation: From A to Z, Anatomy of a Defect: What it is and the Rules That Apply; Litigation: Allegations, Defenses and Proving Your Case, Rochester, New York June 11, 2013
- Associated General Contractors of NY, Future Construction Leaders Program, Managing Risk: Your Key To Increased Profitability, Rochester, New York, May 7, 2013
- American Conference Institute, Litigating Contract Surety Bond & Fidelity Insurance Claims, Philadelphia, PA, Minimizing Surety Exposure on Large, Multi-Surety Projects; Exoneration of Payment Bonds; October 17-18, 2012
- Associated General Contractors of NY, Future Construction Leaders Program, Managing Risk: Your Key To Increased Profitability, Rochester, New York, May 3, 2012
Notable Decisions & Orders
- Bianchi v. Midtown Reporting, Inc., 103 AD 3d 1261 (4th Dept. 2013) (overturning trial court and dismissing cause of action for fraud);
- Bortech Co., Inc. v. Labarge, et al, 89 AD 3d 1411, (4th Dept. 2011)(upholding trial court’s decision dismissing claims alleged directly against owner of construction company for alleged acts of construction company);
- Surface Tech, Inc. v. RPI Construction, Inc., Index. No. 12-9808, trial opinion and order (NY Monroe County Sup., Feb. 14, 2013)(denying defendant’s motion to vacate judgment);
- Secured Systems Technology, Inc. v. Vigilant Insurance Co., Index. No. 095021153S, 2013 WL 541424 (Conn.Super. January 16, 2013) (dismissing cause of action for attorneys’ fees);
- Simmonds & Simmonds v. Ambroz & Ambroz, No. 71442/2012, slip op and order(NY Wayne County Sup., Jan. 14, 2013) (dismissing lawsuit including claims for breach of contract, fraud and constructive trust);
- Collins v. Town of Pierrepont, et al, Index No. 11-0137765, trial order (NY St. Lawrence County Sup., Feb. 9, 2012)(vacating Town’s stop work order and Town’s building permit revocation);
- American Bar Association (Member: The Forum on the Construction Industry, Tort & Insurance Practice)