Timothy D. Boldt, Partner, is an experienced commercial litigator and counselor, focusing on the unique needs of sureties, contractors, subcontractors, and construction managers. He 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 Tim 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, he 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.
Tim also has significant experiences handling smaller value disputes, including small subcontractor and homeowner disputes that benefit from creative, cost-sensitive legal tactics. He also handles personal injury defense cases. In addition to litigation, he 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, Tim 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, he 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.
Tim 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 and Construction Defect Defense
- Mechanics’ Liens
- New York Courts
- U.S. District Court, Northern, Southern, Eastern and Western Districts of New York
- Difficulties with Delay Damage Claims; Construction Risk Management Reporter (Ernstrom & Dreste, LLP Winter 2015); Author.
- Hard Truth About Delay Claims: Almost Only Counts in Horseshoes and Hand Grenades; Southern Tier Builders Association 2015); Author.
- “The Owner Hasn’t Paid Me” Excuse; Construction Risk Management Reporter (Ernstrom & Dreste, LLP Winter 2015); Author.
- The Price of an Exaggerated Lien; Construction Risk Management Reporter (Ernstrom & Dreste, LLP Winter 2015); Author.
- Be Careful What You Lien For; Building the Southern Tier (Southern Tier Builders Association 2015); Author.
- Three Ways to Lose Money in the Construction Industry; Building the Southern Tier (Southern Tier Builders Association 2014); Author.
- Contractors Beware: The King Can Always Sue You; Paradigm (International Society of Law Primerus Law Firms Fall 2013); Author.
- New York Takes Design-Build/Best Value For A Test Drive, Construction Risk Management Reporter, (Ernstrom & Dreste, LLP 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, LLP Summer 2010); Author
- DOL and OSHA: Back in the Enforcement Business, Construction Risk Management Reporter, (Ernstrom & Dreste, LLP Fall 2009); Author
- What’s Your Judgment Worth? Important Changes and New Loopholes That Benefit Debtors, Fidelity & Surety Reporter (Ernstrom & Dreste, LLP Summer 2009); Author
- Payment Bond Manual, New York Chapter, (ABA 2006); Co-Author
- AGC/RBX Supervisory Training Program; Contract Documents in Construction, Rochester, New York, November 2, 2016.
- Future Construction Leaders Program; Controlling Risk in Construction and Project Delivery Systems; Associated General Contractors of New York; Rochester, New York, May 18, 2016.
- Construction Defect Disputes & Litigation; Exclusions: Court Interpretation and Litigation Strategy; Litigating the Construction Defect Claim: Coverage vs. Liability; National Business Institute; Rochester, New York, December 4, 2015.
- Future Construction Leaders Program; Managing Risk: Your Key To Increased Profitability; Associated General Contractors of NY, Rochester, New York, May 21, 2015.
- Growing Your Construction Business; Business Planning For Construction Claims and Dispute Resolution; America’s SBDC New York; Jamestown, New York, March 18, 2015.
- Contracts For Every Construction Project, Every Party and the Bottom Line in New York; Identifying and Managing Risk In The Construction Contract; Dispute Resolution Agreements; Lorman Education Services; Rochester, New York, July 23, 2014.
- A Contractors Guide To Litigation; Associated Building Contractors of the Triple Cities; Binghamton, New York; May 29, 2014.
- Future Construction Leaders Program; Managing Risk: Your Key To Increased Profitability; Associated General Contractors of NY; Rochester, New York, May 6, 2014.
- AIA Contracts; The A201 General Conditions and Owner-Contractor Agreements; The A401 Construction Subcontract; Lorman Education Services; Rochester, New York, April 15, 2014.
- 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; National Business Institute; Rochester, New York, June 11, 2013.
- Future Construction Leaders Program; Managing Risk: Your Key To Increased Profitability; Associated General Contractors of NY; Rochester, New York, May 7, 2013.
- Litigating Contract Surety Bond & Fidelity Insurance Claims; Minimizing Surety Exposure on Large, Multi-Surety Projects; Exoneration of Payment Bonds; American Conference Institute; Philadelphia, Pennsylvania, October 17-18, 2012.
- Future Construction Leaders Program; Managing Risk: Your Key To Increased Profitability; Associated General Contractors of NY; Rochester, New York, May 3, 2012.
- Bianchi v. Midtown Reporting, Inc., 103 A.D.3d 1261 (4th Dept. 2013) (overturning trial court and dismissing cause of action for fraud).
- Bortech Co., Inc. v. Labarge, et al, 89 A.D.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: The Forum on the Construction Industry, Tort & Insurance Practice
- Martindale.com; AV Preeminent Rating (Since 2013)
- Super Lawyers; Rising Star Designation: (2013, 2014, 2015)
- Lorman; Distinguished Faculty Rating; (Since 2014)
- Avvo.com; 10 out 10 Superb Rating (Since 2014)