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
Fax: 631-752-3654
Selected To Rising Stars: 2012 - 2019
Licensed Since: 2006
Education: New York Law School
Practice Areas:
  • Construction Litigation: Business (90%),
  • Construction Litigation: Consumer (10%)
Attorney Profile

Attorney Vincent T. Pallaci is the managing member at the law firm of Kushnick Pallaci, P.L.L.C., in Bohemia, New York. Mr. Pallaci focuses his practice on construction law and business litigation, serving clients throughout New York City and Long Island.

Mr. Pallaci has more than 13 years of arbitration, mediation and litigation experience. He provides personalized service and dedicated representation to clients, including architects, construction managers, developers, engineers general contractors and owners. He handles matters involving defective construction, mechanic’s liens, OSHA violations and scope of work disputes as well as employment and labor law claims.

Honored for his achievements, Mr. Pallaci holds an AV Preeminent* peer review rating from Martindale-Hubbell. This is the highest rating available from the esteemed organization, presented to attorneys who possess the highest standard of professional excellence and ethical standards.

Active in his legal community, Mr. Pallaci is a member of the Nassau County Bar Association, the Suffolk County Bar Association, the New York State Bar Association and the American Bar Association. He is the author of numerous articles on various construction law topics and lectures for groups, including the Lorman Education Services, the Nassau County Bar Association’s Construction Law committee and the National Electrical Contractors Association.

Mr. Pallaci earned a bachelor’s degree from the State University of New York at Buffalo and received his law degree from New York Law School. He holds a license to practice law before all New York state courts and the U.S. District Courts for the Eastern, Southern and Western Districts of New York.

*AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Rating™ fall into two categories – legal ability and general ethical standards.

 
Practice Areas
Lawyer Practice Area Pie Chart

Construction Litigation (90%): Construction Defects

Construction Litigation (10%): Construction Defects

Focus Areas

Construction Defects

Selections

top-imageSelected to Rising Stars for 8 years

Rising Stars: 2012 - 2019

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White Papers

  • 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 article discusses the key issues to look for in reviewing their lien releases. 

  • 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. 

  • 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. 

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

  • 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. 

  • 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. 

  • 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, surprisingly, 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. 

  • 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.

  • About Vincent Pallaci

    Admitted: 2006, New York

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

    Honors/Awards:

    • “Top Construction Attorney” by AVVO
    • “Rising Star” by Super Lawyers magazine every year since 2012
    • “AV Preeminent” rating from Martindale Hubbell

    Bar/Professional Activity:

    • Nassau County Bar Association
    • American Bar Association
    • Suffolk County Bar Association
    • New York State Bar Association
    • U.S. District Court Western District of New York
    • U.S. District Court Southern District of New York
    • Chairman of Nassau County Bar Association Construction Law Committee, 2013
    • U.S. District Court Eastern District of New York
    • New York

    Scholarly Lectures/Writings:

    • All Lien Releases Are Not Created Equal:  Take time to understand their differences (New York Real Estate Journal)
    • Arbitration in Construction and Development Contracts: Prudence or Pitfall? (New York Real Estate Journal)
    • Issues in Adjacent Property Construction (Presented to Nassau County Bar Association Construction Law Committee)
    • Construction Collapses:  Responding to the Emergency from a Legal Standpoint (New York Construction Law Update)
    • How to Maintain Proper Lien Law Trust Records in Order to Avoid Liability (Cornerstone Magazine)
    • Challenging the Building Department’s Permit Determination in Court (NYCLA Construction Law Journal)
    • 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
    • Understanding Construction Law:  Minimize Risk and Maximize Profit (Presented to National Electrical Contractors Association)
    • Construction Change Orders: Minimize Risk and Maximize Efficiency (Presented to New York State Association of Towns Annual Meeting)
    • 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 Orders, RPAPL 881 Applications and Licensing Agreements, Lorman Education Services, 2011
    • 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
    • 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 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
    • 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 was the author of an article published in the New York Real Estate Journal in September 2017.   The article, titled "Arbitration Provisions in Construction and Development Contracts: Prudence or Pitfall?" discussed the pros and cons of arbitration provisions in construction and development contracts in New York., Author, Arbitration in Construction and Development Contracts: Prudence or Pitfall?, New York Real Estate Journal, 2017
    • Mr. Pallaci was proud to contribute to the American Bar Association's 50 State Lien Law Handbook published in 2018.  Mr. Pallaci was the author for the Handbook's sections on New York Lien Law., Contributing Author, 50 State Lien Law Handbook, American Bar Association, American Bar Association, 2018

    Verdicts/Settlements:

    • 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
    • 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 home owner in Long Beach New York that suffered extensive home damage from a storm. The owner's insurance policy refused to pay and Mr. Pallaci commenced a suit against the insurer. The case settled and the home owner was paid $275,000., 2017
    • 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
    • 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 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 home owners that were sued by a contractor that filed a mechanic's lien and claimed he was not paid in full. The owners asserted a counterclaim for defective work. After a 17 day trial the contractor's claims were defeated and it was awarded nothing. The home owners were awarded a $130,000 judgment against the contractor on their counterclaim for defective work., 2017
    • 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 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 secure a swift $85,000.00 settlement in his client's favor shortly after commencing litigation., 2012
    • Mr. Pallaci represented a property owner in New York City that suffered damage when an adjacent construction project failed to properly protect his client's building during excavation. The case was settled on the eve of trial for $3.5 million., 2018
    • Mr. Pallaci represented a public works subcontractor that was not paid in full and filed a mechanic's lien. The contractor counterclaimed and asserted that the subcontractor was not owed any money and that, in fact, because of alleged defective work there were backcharges that required subcontractor to pay money back to the contractor. After a trial the Court awarded Mr. Pallaci's subcontractor client a verdict in the amount of $328,311.39. Each of the contractor's backcharges were defeated and denied except for one in the amount of $485., 2017
    • 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

    Educational Background:

    • B.A., State University of New York at Buffalo

    Industry Groups

    • Architects
    • Carpenters
    • Contractors
    • Developers
    • Electricians
    • Elevator Contractors
    • Engineers
    • Excavators
    • Home Improvement Contractors
    • Material Suppliers
    • Municipalities
    • Owners
    • Plumbers
    • Subcontractors
    • Super Structure Contractors
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    Office Location for Vincent T. Pallaci

    630 Johnson Avenue
    Suite 201
    Bohemia, NY 11716

    Phone: 631-752-7100

    Fax: 631-752-3654

    Vincent T. Pallaci:

    Last Updated: 4/29/2019

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