Vincent T. Pallaci

Vincent T. Pallaci

Attorney Profile

Top Rated Construction Litigation Attorney in Bohemia, NY

Kushnick Pallaci PLLC
 | 630 Johnson Avenue, Suite 201
Bohemia, NY 11716
Phone: 631-752-7100
Selected to Rising Stars: 2012 - 2017
Licensed Since: 2006
Education: New York Law School
Practice Areas:
  • Construction Litigation: Business (90%),
  • Business Litigation (10%)
Attorney Profile

Vincent T. Pallaci is the firm’s managing member and focuses his practice on complex construction, business and insurance litigation. Mr. Pallaci represents general contractors, developers, subcontractors, owners, construction managers, architects and engineers in a wide variety of disputes including defective construction, delay, scope of work disputes, mechanic’s lien foreclosure and defense, OSHA violations, ECB violations, Labor Law claims and employment claims. He has successfully represented clients in arbitration and mediation as well as State and Federal litigation. Mr. Pallaci’s clients have ranged from small locally owned businesses to nationally and internationally known members of the Fortune 1000 and S&P 500.

Mr. Pallaci holds the highest possible “AV Preeminent” rating from Martindale Hubble, is recognized as a “Top Construction Attorney” by AVVO and has been recognized as a “rising star” by Super Lawyers magazine for the past four consecutive years.

In addition to his legal practice, Mr. Pallaci is a former Chairman of the Nassau County Bar Association’s Construction Law Committee and has lectured and written more than 100 articles on construction law topics, including strategies for mitigating and avoiding loss and effective payment recovery options.

White Papers

  • Construction Collapses: Responding to the Emergency from a Legal Perspective (2012) - The construction industry is dangerous. Major construction accidents can involve both a risk to life and property damage that can sometimes reach liability in the millions of dollars. In tight urban environments, like New York City, the risk of damage from construction on an adjoining property is particularly high. One of the most severe situations that can pose a risk to life and property on a construction site is a collapse. Whether the collapse is of a new structure that fails, an adjoining structure that was undermined, or, as New York City has recently experienced, a tower crane failure, the collapse can be devastating. The natural instinct is, of course, to immediately see to the protection of life. Unfortunately, little attention is given to the legal consequences that will certainly come out of the collapse. Contractors must, like any other business, take steps to protect their business (including the jobs that they create) even in the face of sometimes tragic circumstances surrounding a collapse. There are important steps that every owner, developer, contractor and subcontractor should take to protect themselves in the event of a construction collapse.

  • The mysterious "bond to discharge all liens" (2010) - Mechanic's liens are problems on many projects and can even cripple a project.  A mechanic's lien that cuts off your construction loan can spell doom for your project. Fighting each lien, lien by lien, is one option.  The other option, which is much less known, is the "bond to discharge all liens" created by Lien Law Section 37.  This paper discusses the ins and outs of the bond to discharge all liens. 

  • Enforcing your mechanic's lien: Is it necessary? (2010) - Enforcing your mechanic's lien may not always be the best or the right way to collect your unpaid contract balance.   This article discusses the factors that a contractor faces in determining whether to enforce its mechanic's lien. 

  • Mechanic's Lien Discharge Bonds: What happens after the bond is obtained? (2010) - A common method of discharging a mechanic's lien is by obtaining a bond.  But very few people really understand what happens when a bond is obtained.  This article attempts to remove the mystery from the process. 

  • Arbitration in construction contracts: Is it right for you? (2010) - There is a growing section of the construction industry that believes that arbitration provisions are a must for construction contracts.  In most AIA documents arbitration provisions are the generally accepted standard.  But when you look at the specific pros and cons of arbitration, the arbitration v. litigation debate becomes a pretty close call.  This article discusses those pros and cons so that contractors can hopefully make an informed decision about whether arbitration is right for them. 

  • Lien Release Dos and Dont's (2010) - The lien release is one of the most important and powerful documents on a construction project.  Not enough contractors take the time to read and understand their lien releases and the difference between the various types of lien releases.  This arcticle discusses the key issues to look for in reviewing their lien releases. 

  • Pay if Paid Clause Unenforceable in New York (2010) - Pay if paid clauses are typcial in many construction contracts across the country.  But in New York the "pay if paid" clause has been deemend against public policy and therefore void and unenforceable.

  • The Mechanics of Enforcing Your Mechanic's Lien (2010) - The mechanic's lien may be the most powerful tool in the contractor's toolbox.  But, suprisingly, few contractors are aware of just how to use their lien to obtain payment.  This article discusses the mechanic's of a lien foreclosure/enforcement proceeding. 

  • About Vincent Pallaci

    Admitted: 2006, New York

    Professional Webpage: www.nyconstructionlaw.com/vincent-t-pallaci

    Bar/Professional Activity:

    • Chairman of Nassau County Bar Association Construction Law Committe, 2013

    Scholarly Lectures and Writings:

    • Mr. Pallaci led a discussion at the National Electrical Contractor's Association which focused on legal issues in municipal construction in the State of New York, Speaker, Issues in New York Municipal Construction, National Electrical Contractors Association, 2016
    • This article, published by the New York Real Estate Journal in April 2013, discusses the obligations to protect adjacent properties during construction, as well as how to obtain judicial permission to enter the adjacent property for construction.  , Author, In Order to Avoid Problems During Construction it is Critical To Keep Open Lines of Communication, New York Real Estate Journal, 2013
    • Mr. Pallaci prepared the written materials and presented a lecture to the Nassau County Bar Association's Construction Law Committee entitled "Insurance Considerations and Issues in the Construction Industry", Speaker, Speaker, Nassau County Bar Association Construction Law Committee, 2013
    • November 2012 article appearing in the New York Real Estate Journal discussing the process surrounding the "bonding" of a mechanic's lien.  , Author, The mechanic's lien discharge bond: What it is, and what it does, New York Real Estate Journal, 2012
    • Mr. Pallaci was a speaker at the seminar titled "Mitigation of Damages to Structures Adjacent to Construction Sites in Urban Environments."  He also wrote the section of seminar manual covering the topics of Stop Work Orders, RPAPL 881 Applications and Licensing Agreements. , Author, Stop Work Oders, RPAPL 881 Applications and Licensing Agreements, Lorman Education Services, 2011
    • Mr. Pallaci was a speaker at the seminar titled "Mitigation of Damages to Structures Adjacent to Construction Sites in Urban Environments."  He authored a section of the seminar manual and presented the section on Stop Work Orders, RPAPL 881 Applications and Licensing Agreements. , Speaker, Stop Work Orders, RPAPL 881 Applications and Licensing Agreements, Lorman Education Services, 2011

    Verdicts and Settlements:

    • After a three week arbitration Mr. Pallaci obtained an arbitration award for his client of in excess of a quarter million dollars while simultaneously defeating a counterclaim for defective construction resulting in nothing being awarded against Mr. Pallaci's client on the counterclaim.  , 2013
    • Mr. Pallaci represented a general contractor in a change order claim against a large national retailer.  Shortly after commencing suit Mr. Pallaci secured a settlement of more than $700,000 in his client's favor.  , 2012
    • Mr. Pallaci represented a painting and carpentry subcontractor working on a multi unit residential project in New York City.  A scope of work and change order dispute with the contractor arose and Mr. Pallaci filed suit on behalf of the subcontractor.  Mr. Pallaci was able to seure a swift $85,000.00 settlement in his client's favor shortly after commencing litigation. , 2012
    • Mr. Pallaci represented a general contractor building a new store for a large national retailer.  The dispute was based upon disputed change orders and scope of work disputes.  Mr. Pallaci secured a $700,000 settlement in favor of his client shortly after commencing litigation. , 2011
    • Mr. Pallaci represented a national filtration systems manufacturer in a dispute for breach of contract against a subcontractor that had purchased a filtration system.  Mr. Pallaci secured a $90,000 settlement for his client on the eve of trial. , 2011
    • Mr. Pallaci brought a claim on behalf of a condominium owner in New York City against the designers and builders of the condominium for defective design and construction that led to structural problems and water infiltration.  Mr. Pallaci secured a $187,500 settlement for his client. , 2010
    • Mr. Pallaci represented a property developer against an architect in a claim for architectural malpractice based upon the architect's inability to get a set of plans approved by the City of New York before a key zoning change took place.  After a full day of mediation Mr. Pallaci secured a $157,000 settlement in his client's favor. , 2010
    • Mr. Pallaci represented a national protective coatings contractor in a contract dispute with a public entity that hired his client for remedial work.  Mr. Pallaci secured a swift $241,000.00 settlement in his client's favor. , 2010

    Industry Groups

  • American Bar Association
  • Erie County Bar Association
  • Nassau County Bar Association (former Chair Of Construction Law Committee)
  • New York State Bar Association
  • New York State Trial Lawyers Association
  • Suffolk County Bar Association
  • Office Location for Vincent T. Pallaci

    630 Johnson Avenue
    Suite 201
    Bohemia, NY 11716

     

    Vincent T. Pallaci:

    Last Updated: 5/1/2017

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