Timothy Boldt

Timothy Boldt

Attorney Profile

Top Rated Construction Litigation Attorney in Rochester, NY

Ernstrom & Dreste, LLP
 | 925 Clinton Square, Rochester, NY 14604
Phone: 585-473-3100
Fax: 585-473-3113
Selected To Rising Stars: 2013 - 2019
Licensed Since: 2006
Practice Areas:
  • Construction Litigation: Business (80%),
  • Surety (10%),
  • Alternative Dispute Resolution (10%)
    Attorney Profile

    Timothy D. Boldt, Partner, Ernstrom & Dreste, LLP, is an experienced commercial counselor and litigator. Tim’s practice focuses on the unique needs of construction contractors, project owners, surety companies and other business entities that work with complex contract documents or are faced with complex commercial disputes. Tim attributes much of his legal success to the emphasis he places on helping clients establish goals and objectives that are consistent with their long-term financial health and strategic plans.

    Tim’s construction practice involves contract drafting and negotiation, development of project-specific risk-mitigation plans, evaluation of discrete legal issues on an as-needed basis, and representation of 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. Common counseling topics include advice about 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.

    Tim’s practice also focuses on defending contractors against construction defect claims where property damage and/or personal injury are involved.

    With respect to surety, Tim primarily counsels and represents companies dealing with contract surety claims against performance bonds and payment bonds, as well as enforcement of indemnity obligations and recovery. In 2006, Tim 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 also has experience handling miscellaneous surety bonds, including motor vehicle dealer bonds.

    The same skill set and practice approach that led to legal success on construction and surety matters also make Tim a proficient counselor and advocate in the area of complex commercial contract counseling and dispute resolution. Tim is experienced with creative, cost-sensitive legal tactics.

    Tim earned his Bachelor of Science degree from Nazareth College of Rochester and his Juris Doctor from the University at Buffalo Law School-State University of New York. Tim is a Board Member of CFMA-Rochester, and is a member AGC-National’s Specialty Constructor’s Committee. Tim is a Trustee for the Mendon Public Library, and a member of the advisory board for the Salvation Army-Rochester. 

    In his personal time, Tim enjoys life with his wife and two children, including skiing, hiking Adirondack high peaks, traveling and baseball. Tim has coached HFL-Mendon Youth Baseball since 2014, and has been a Sunday school teacher since 2013 at his church.

    About Timothy Boldt

    Admitted: 2006, New York

    Professional Webpage: https://www.ernstromdreste.com/attorneys/timothy-boldt/

    Scholarly Lectures/Writings:

    • Future Construction Leaders Program; Managing Risk: Your Key To Increased Profitability; Associated General Contractors of NY; Rochester, New York, May 3, 2012.
    • 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 7, 2013.
    • 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.
    • AIA Contracts; The A201 General Conditions and Owner-Contractor Agreements; The A401 Construction Subcontract; Lorman Education Services; Rochester, New York, April 15, 2014.
    • Future Construction Leaders Program; Managing Risk: Your Key To Increased Profitability; Associated General Contractors of NY; Rochester, New York, May 6, 2014.  
    • A Contractors Guide To Litigation; Associated Building Contractors of the Triple Cities; Binghamton, New York; May 29, 2014.
    • 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.
    • Growing Your Construction Business; Business Planning For Construction Claims and Dispute Resolution; America’s SBDC New York; Jamestown, New York, March 18, 2015.
    • Future Construction Leaders Program; Managing Risk: Your Key To Increased Profitability; Associated General Contractors of NY, Rochester, New York, May 21, 2015.
    • Speaking Engagements:  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 (confirmed engagement).
    • Payment Bond Manual, New York Chapter; (ABA 2006); Co-Author.
    • What’s Your Judgment Worth? Important Changes and New Loopholes That Benefit Debtors; Fidelity & Surety Reporter (Ernstrom & Dreste Summer 2009); Author.
    • DOL and OSHA: Back in the Enforcement Business; Construction Risk Management Reporter (Ernstrom & Dreste, Fall 2009); Author.
    • Notify Insurance Carriers ‘As Soon as Practicable’; Construction Risk Management Reporter (Ernstrom & Dreste, Summer 2010); Author.
    • New York Expands Insured’s Right to Recover Consequential Damages; American Bar Association Fidelity & Surety Law Committee Newsletter (ABA Fall 2010); Author.
    • Surety Takeover: A Marriage of Convenience; American Bar Association Fidelity & Surety Law Committee Newsletter (ABA Spring, 2011); Author.  
    • ConsensusDOCS Contract Documents Handbook; Ch. 6, Standard Form of Agreement and General Conditions between Owner and Design Builder (Wolters Kluwer 2012); Author.
    • New York Takes Design-Build/Best Value For A Test Drive; Construction Risk Management Reporter (Ernstrom & Dreste, Summer 2012); Co-Author.
    • Contractors Beware: The King Can Always Sue You; Paradigm (International Society of Law Primerus Law Firms Fall 2013); Author.  
    • Three Ways to Lose Money in the Construction Industry; Building the Southern Tier (Southern Tier Builders Association 2014); Author. 
    • Publications:  Be Careful What You Lien For; Building the Southern Tier (Southern Tier Builders Association 2015); Author.

    Verdicts/Settlements:

    • 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).
    • Decisions & Orders:  Bianchi v. Midtown Reporting, Inc., 103 A.D.3d 1261 (4th Dept. 2013) (overturning trial court and dismissing cause of action for fraud).
    • 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 ofcontract, fraud and constructive trust).
    • 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).
    • 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).
    • 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).

    Educational Background:

    • Nazareth College of Rochester; Rochester BA, Political Science, May 2001, Cum Laude.
    • State University of New York at Buffalo, School of Law JD, May 2005.
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    Office Location for Timothy Boldt

    925 Clinton Square
    Rochester, NY 14604

    Timothy Boldt:

    Last Updated: 8/27/2020

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