Nell M. Hurley

Nell M. Hurley

OF COUNSEL

Practice Areas:

  • Construction Law, Construction Contracts, Construction Claims
  • Commercial Litigation
  • Surety Law, including Payment and Performance Bonds
  • Lien Law, including Construction Liens

Education:

  • Albany Law School of Union University, J.D. 1984
  • St. Lawrence University, B.A. with Honors 1981

Nell M. Hurley, Of Counsel, has many years of experience representing contractors, owners, construction managers, sureties, and other related entities. Her practice has included all aspects of contract 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, and alternative dispute resolution including arbitration and mediation.

Substantive areas of interest and experience for Nell 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,

Nell was lead 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; was lead 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; successfully handled bid mistake/protest litigation, prevailing wage cases, mechanic’s lien matters, both public and private, and has successfully managed and defended claims against fidelity insurers involving coverage disputes.

Nell is an experienced advisor, litigator and negotiator in all types of construction and surety disputes and risk management situations. She is both editor and author for articles on cases, topics and trends significant to construction and surety professionals and businesses, including Ernstrom & Dreste, LLP’s quarterly newsletters, ContrACT: Construction Risk Management Reporter and Fidelity & Surety Reporter, available here.

Court Admissions:

  • New York
  • U.S. District Court, Western District of New York
  • U.S. Bankruptcy Court, Western District of New York

Publications:

Noteworthy Cases:

  • Costanza Const. Corp. v. City of Rochester, 147 AD2d 929 (4th Dept 1989)

Professional Associations:

  • American Bar Association
    • Tort, Trial & Insurance Practice Section
      •  Fidelity & Surety Law Committee
    • Forum on Construction Law
      • Publications Committee

Recognitions:

  • Martindale.com; BV Distinguished Rating
  • Super Lawyers; Upstate New York; Construction Litigation (2017-present)