Nell M. Hurley, of counsel, maintains a construction and surety law practice representing contractors, owners, construction managers, and sureties. Her practice includes all aspects of contract drafting, review and negotiation, all phases of state and federal court litigation, including analysis of claims, preparation of pleadings, document discovery and depositions, motions, settlement negotiations, trial preparation and appeals. Ms Hurley is also experienced in alternative dispute resolution including arbitration and mediation.

Substantive areas of interest and experience for Ms. Hurley include bid protests, Labor Law and prevailing wage, performance and payment bond claims and defaults, liquidated damages and no damages for delay clauses, limitations defenses, breach of warranty/guaranty, termination, acceleration, change orders and extra work, indemnification, mechanic’s liens and statutory trust funds.

Ms. Hurley has been senior attorney on a 40 million dollar dispute with the New York State Power Authority involving construction of a hydroelectric power plant near Albany, New York; litigated a 2 million dollar case in Federal Court concerning a wastewater treatment facility in Dutchess County, New York; prepared and argued appeals involving enforcement of a public owner's contract disclaimer clauses on a road construction project; acted as senior attorney in multi-party litigation in Buffalo, New York involving performance and payment bond claims and default by a contractor; arbitrated disputes against municipalities concerning change orders and extra work on a highway construction project; handled bid mistake/protest litigation, prevailing wage cases, mechanic's lien matters, both public and private, and situations involving design professional liability. Ms. Hurley completed trial advocacy training through N.I.T.A. (National Institute of Trial Advocacy).

Practice Areas

• Construction Law, Construction Contracts, Construction Claims
• Surety Law, including Payment and Performance Bonds
• Alternative Dispute Resolution, Arbitration, Mediation
• Lien Law, including Construction Liens

Court Admissions

• New York State Courts
• U. S. District Court for the Western District of New York
• U. S. Bankruptcy Court for the Western District of New York

Reported Cases

• Costanza Const. Corp. v. City of Rochester, 147 A.D.2d 929, 537 N.Y.S.2d 394 (4th Dept. 1989).

Speaking Engagements

•  “Strategies for Getting Paid,” Associated Builders and Contractors, Inc., Empire State Chapter, May 1992.