Nell M. Hurley

Top rated Construction Litigation attorney in Rochester, New York

Ernstrom & Dreste, LLP
Nell M. Hurley
Ernstrom & Dreste, LLP

Practice Areas: Construction Litigation, Surety

Licensed in New York since: 1985

Education: Albany Law School

Selected to Super Lawyers: 2017 - 2024

Ernstrom & Dreste, LLP

925 Clinton Square
Rochester, NY 14604 Phone: 585-473-3100 Email: Nell M. Hurley Visit website

Details

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.  Ms. Hurley also writes and edits articles on cases, topics and trends significant to construction and surety professionals and businesses, including Ernstrom & Dreste LLP's quarterly newsletters, Construction Risk Management Reporter ContrACT, and Fidelity and Surety Reporter.

First Admitted: 1985, New York

Professional Webpage: https://www.ernstromdreste.com/attorneys/hurley-nell-m

Scholarly Lectures/Writings:
  • Article in Surety Bond Quarterly, vol. 6, no. 3, Fall 2019, pp. 10 – 11., Writer, “Miller Act Payment Bond: Federal Court Holds No-Damage-for-Delay Clause Unenforceable Against Subcontractor.”, Surety Bond Quarterly, vol. 6, no. 3, Fall 2019, pp. 10 – 11., Surety, 2019
Firm News (Newsletters):
  • Bi-annual publication featuring cases, topics and trends of interest to the construction industry. , Ernstrom & Dreste LLP Construction Risk Management Reporter ContrACT, Construction
  • Bi-annual publication featuring cases, topics and trends of interest to the surety and fidelity industries. , Ernstrom & Dreste LLP Fidelity & Surety Reporter, Surety, Fidelity
Industry Groups:
  • Construction; Surety

Office location for Nell M. Hurley

925 Clinton Square
Rochester, NY 14604

Selections

8 Years Super Lawyers
  • Super Lawyers: 2017 - 2024

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