Anthony has extensive experience in construction law and commercial litigation. He is a seasoned litigator and ADR practitioner. Anthony is admitted to the New York and Connecticut bar as well as the bar for the Federal Courts in the Eastern and Southern Districts of New York, Anthony serves as of counsel to Ruskin Moscou Faltischek P.C., where he is a member of the firm’s Litigation and its Construction Practice Group.
Anthony represents property developers, contractors, material suppliers, public entities and sureties in contract breach matters, payment and performance bond claims, change order and extra work disputes, public bid disputes, construction defect cases, delay claims, mechanic’s lien claims and trust diversion matters from inception, to trial and appeal. Anthony counsels clients on construction contract drafting, project administration, insurance, bonding, union issues and construction risk exposure.
Anthony currently serves as a member of the Long Island Regional Leadership Committee for the Empire Chapter of the Associated Builders and Contractor’s trade association. Anthony is also a member of the Connetquot Central School District Facility Advisory Committee.
- Aurora Contractors, Inc. v. West Babylon Public Library. Successful defense of the public library in its attempt to reduce its exposure to general contractor concerning a contract payment dispute involving modernization of the facility. The case settled favorably after two days of trial for a mere 15% of what was initially demanded at the start of the trial.
- Flintlock Construction Services, LLC v. Tritel Construction Group. Represented general contractor in its tortious interference with construction contract claim against competitor and its individual owners. On the second day of trial the case settled in favor of the general contractor for a confidential sum.
- Naftali 267 LLC v. 267 Sixth Street LLC. Represented subcontractor on its mechanic’s lien foreclosure claim concerning pile driving work at a stalled construction project. When all other subcontractors accepted less than fifty cents on the dollar for their respective lien claims, the represented subcontractor went forward with its claim and obtained a judgment of foreclosure for the full amount of its lien plus accrued interest. The property owner went on to pay the subcontractor $640,000.00 to satisfy the judgment.
- Roman Iron Works, Inc. v. National Union Fire Insurance Company of Pittsburgh, PA and J.C.H. Delta Contracting, Inc. Represented surety in the defense of bond claims filed by subcontractor and its supplier on a public construction project. Prior to trial the bond claims were settled for less than half of total sum owed.
- Hertz Equipment Rental Corp. v. Skanska-Kiewit-Ecco III JV of Skanska USA Civil Northeast Inc. and Kiewit Infrastructure. Successfully prevented Hertz from obtaining a turnover order against contract funds held by Skanska on the Kosciusko Bridge Project. The court correctly determined that the funds in Skanska’s possession were Article 3 A trust funds that could not be used to satisfy Hertz’s judgment since Hertz was merely a general creditor of Skanska’s subcontractor and not a trust fund claimant or beneficiary on the project.
Representative Construction Transaction/Project Administration:
Retained by a multi-state joint venture general contractor contracted by the U.S. Army Corps of Engineers to remove and replace 2.5 miles of fencing along the California Mexico border. Tasked with getting the project back on schedule and timely completed. At the time of initial involvement the government was threatening to default and terminate the general contractor due to construction delays attributable to the fence installation subcontractor. Negotiated and procured a de-scope and termination for convenience agreement with the fence subcontractor while at the same time working with all parties to move the project forward. In end, the general contractor was not defaulted and the project was completed on schedule.
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