Zetlin & De Chiara Celebrated Our 30th Aniversary!

Patricia Harris, Zetlin & De Chiara Special Counsel, will speak at the Small Firm Symposium, sponsored by AIA NYS, AIA New Jersey, and AIA Pennsylvania. She will discuss Ownership Transitions.

Rachel John will speak on the importance of negotiating a comprehensive teaming agreement when pursuing a design-build project award on a panel entitled, So You Think a Teaming Agreement is Too Much Trouble? She will also discuss updates to the DBIA family of design-build contracts and comparison of key terms with other industry forms in another panel, Fair and Balanced – What Makes DBIA’s Family of Contract Documents Different? The panels will take place at the Design-Build Institute of America's 2022 Conference & Expo in Las Vegas.

Michael Zetlin, Senior Partner at Zetlin & De Chiara LLP, moderated a panel discussion hosted by the New York Building Congress -"ADR" Alternative Dispute Resolution: A Legal Alternative to Workers Compensation Insurance for Infrastructure and Construction on July 14th, at the Harmonie Club, 4 East 60th Street, New York.

Rachel John, a lawyer at Zetlin & De Chiara, will speak as a member of the panel on Green Hues in Contracts during Brooklyn Law School's Introduction to Sustainability and Future Cities Boot Camp on June 23rd.

Sweet Dreams (Are Made of . . . Good Contracts): Understanding and Navigating the Ancillary Contracts in Construction

Michael Vardaro, Managing Partner, will join a panel at the ABA Forum on Construction Law to discuss the nuances of construction contracts. In-house counsel frequently draft and negotiate core construction contracts, but projects often require a variety of other specialized ancillary agreements, including joint venture arrangements, special project access issues, non-disclosure and confidentiality, unusual project finance, letters of intent, and other issues. You can sleep soundly when you have adequately papered the deal for these critical, and often unique, situations.

This session will equip counsel to recognize the need for an ancillary agreement as well as the purposes, principal components, and strategies for negotiating such specialized contracts.

Zetlin & De Chiara senior partner Michael Zetlin moderated the keynote session of The Commercial Observer’s latest commercial real estate forum — “The State of CRE: A Forward-Looking Industry Outlook & Vision for Market Growth.”

Michael Vardaro, Managing Partner, will participate in a panel on Mergers, Acquisitions and ESOP: The Future of A/E/C Management at the ACEC New York Winter Conference. The panel, part of the CFO/Business Managers Agenda will feature industry leaders who will provide their views on how mergers and acquisitions, as well as pending ESOP legislation, will affect engineering firms in the near and distant future.

Loryn Riggiola, Partner will join a panel discussion on the Design Build process. The panel will include NYC DOT’s Tanvi Pandya, PE, DBIA, Executive Director of Design-Build (Bridges) as well as members of WBC’s Design Build Committee who will share their insights and perspectives on best practices for MWBEs as well as managing risk on these type of projects.

Zetlin & De Chiara Special Counsel Patti Harris has been invited to speak on "Professional Business Entities & Licensure: Rules to Live by Whether You’re Starting Out or Growing Your Practice" on the EntreArchitect podcast Context & Clarity LIVE.

Loryn Riggiola, Partner will speak as a member of a panel at The Dispute Resolution Board Foundation 25th Annual Connections Conference on November 8-10, 2021. The conference will address The "New" P3: Past, Present and Post-Pandemic DBs.

The panel, Champion or Challenger - How the DRB Process is Viewed Through the Lens of the Designer and Engineer will address how engineers / designers think about the DRB process.

We often hear from project owners, CMs, and contractors, but what do the engineers / designers think about the DRB process? A panel of major project designers will discuss this perspective.

Moderator:

Ali Chaudhry, Senior Vice President, AECOM

Speakers:
Ed Hunter, Technical Advisor, HNTB
Matthew Neuringer, Senior Associate, Orrick Law Firm
Loryn Riggiola, Partner,Zetlin & De Chiara LLP
David Ryan, Senior Vice President-Boston, AECOM

Michael De Chiara, Senior Partner, will moderate a panel discussion about the transformation of NYC Metro Life Sciences economy into the largest life science economy in the United States in just twenty years. This session will, highlight the private sector macro trends driving industry growth, map where concentrated development is occurring, and will provide a forecast for future opportunities and areas of expansion.

Tony DiBrita, Of Counsel, discussed the Risks & Opportunities of NYC LL97. He addressed:

1. The projects that are subject to LL97

2. Updates on pending LL97 regulations

3. Identifying and mitigating problematic contract language

4. The importance of communicating risks and desicions made during the phases of the project

Jaimee Nardiello, Partner at Zetlin & De Chiara, participated in the Commercial Observer's 5th Annual Healthcare Construction Forum on September 23, 2021.

Michael De Chiara spoke at a BE-Ex Architect Advisory Council (AAC) workshop co-sponsored by the Building Energy Exchange, AIA New York, and ASHRAE New York about the legal risk and responsibility of high performance design and construction, and how to improve compliance with NYC climate legislation.

Jaimee Nardiello, Partner, and Patricia Harris, Special Counsel, will speak on a panel, Business Up Front: Contracts and Compliance at the ASLA SKILL | ED program. The panelists will share their expertise regarding the practical challenges faced by all design professionals when they establish their own practices.

Tara Mulrooney, Partner at Zetlin & De Chiara, moderated a panel of industry experts at the Commercial Observer’s recent Life Science Forum. The panelists, representatives from different constituencies in the life sciences market, were:

• Susie Harboth, EVP, Business Operations Breakthrough Properties;
• Matthew Weir, EVP, Taconic Properties;
• Shara Ticku, CEO & Co-Founder, C16 Biosciences; and
• Peter Schubert, Design Partner, Ennead Architects.

The discussion focused on the unique needs of start-up and early stage life science companies and what developers, landlords and the City can do to make New York a destination for these enterprises.

Loryn Riggiola, Partner, Zetlin & De Chiara LLP,  joins a panel on June 10, 2021, 1:30-2:30 entitled Understand the Arbitral Decision-Making Model and What Advocates Can Do to Protect the Award. This panel will dicuss the differing arbitral decision-making philosophies and recent challenges to arbitral awards. The application of law, equity, fairness, and justness can serve as a means by which an arbitrator can reach a decision. Each model has its own unique characteristics, and understanding these approaches and their limits is key to avoiding improper or frustrating outcomes in arbitration. Along with the arbitrator, advocates have a role to play in the rendering of an enforceable award, and all participants should have an appreciation for the nature of recent challenges to arbitral awards. The panel will also offer practical tips for drafting arbitration agreements, conducting discovery, and the presentation of evidence to assist arbitrators in making enforceable awards.

A discussion of the lessons learned, both legal and technical, arising from the Millennium Tower project in San Francisco. The Millennium Tower is a 58 story luxury rental building, home to many high-profile profile that started to skink and tile after completion. One corner of the Tower descended at least 18 inches. The speakers were instrumental in resolving the dispute that ensued. 

This program will present key aspects of ACEC New York's LL97 Reference Guide White Paper. Michael De Chiara will discuss design team liability.

Jaime Nardiello, Partner and CREW New York leader will serve as a judge at a mock RFP Team Challenge.

DIG This: A CREW Careers Program in collaboration with NEW (Nontraditional Employment for Women) and CREW Foundation.

Program will focus on the Development Lifecycle to educate and encourage NEW graduates about CRE careers available to them beyond the construction trades, culminating with a Mock RFP Team Challenge, in which NEW graduate teams develop project proposals responding to a Mock RFP, and present them to a panel of distinguished judges, which will determine the winners.

Michael Vardaro, Managing Partner of Zetlin & De Chiara LLP, was invited by CREW NY, the NYC chapter of the CREW International Network, to participate in a high-level discussion about Diversity and Inclusion. CREW NY is dedicated to the advancement of women in commercial real estate.

In a session on professional ethics, Zetlin & De Chiara addressed the inextricable nature of the relationship between design professionals and the general public by stressing that the safety, health and welfare of the public be the guiding principle in all design decisions. Although each professional society, ACEC, ASCE, NSPE, AIA, SARA has its own Code of Ethics, each shares a paramount commitment to the protection and advancement of the general public's interest.

While there are many situations where an individual's ethical obligation is clear, there are just as many "gray areas" where design decisions can be legal, yet unethical as well as ethical, but illegal. These "gray areas" must be understood by the design professional and the welfare of the public must be the overriding concern.

Michael Vardaro will discuss how COVID-19 is shaping our economy as a member of an ABA Construction Law Forum panel . Contrarian investors and companies find opportunities in good times and bad. More than half a year into the COVID-19 crisis what sectors of the economy are prospering in spite or because of the pandemic? How will these developing trends shape the future of the construction economy? 

The panel of insurance experts and attorneys will address insurance coverage and risk management in these uncertain times and how you can take a proactive approach to protecting your business.

The Post Pandemic Office: Perspectives on the New Normal.  A recording of the webinar, Panelists' Questions & Answers and a Program Summary can found be below.

A New Paradigm for Pre-Construction Engineering Analysis

Recent events in both New York and San Francisco have highlighted a much under-appreciated but enormous risk caused by most large construction projects in dense urban environments.

The effects of major construction projects on adjoining properties are not sufficiently understood. When the unanticipated problems occur they often result in significant damages, which can equal the entire cost of the new project.

The proper analysis of these effects involve advanced geotechnical and structural analysis, often not undertaken in large complex projects.

We will cite several well-known situations which could have been avoided if this new level of pre-construction analysis was undertaken.

Jaimee Nardiello, Partner, will participate in a panel that will discuss Contract and Common Law Claims, Prosecution of Claims and Remedies. 

Join Tara Mulrooney, Partner, as she participates in an interactive discussion with a panel of lawyers, architects and construction professionals as they explore ways to navigate the issues facing projects in the age of COVID-19.

How to Address the Impact on Development, Construction and Design: 

Answers for the Construction Community

Michael Vardaro, Zetlin & De Chiara's Managing Partner, provided insights on COVID-19 construction contract issues and overall business advice to senior-level Architecture and Engineering executives. He was a member of a panel of experts who shared their views in an interactive virtual roundtable format. The speakers provided practical and timely advice in an uncertain business environment.

Puzzled by the process of applying for M/WBE certification? Wondering what you need to qualify? Don’t know where to start? Join the AIANY Women in Architecture and Diversity and Inclusion Committees for a panel discussion with experts from NYC agencies to answer these questions and clarify the certification process.

Michael Vardaro and fellow speakers: Elena Brescia-SCAPE; Gregg Garmisa-Studio Gang; and Stephen Whitehorn-Empowerment Whitehorn will provide an insider's guide to contracts.

Michael Zetlin will discuss the potential legal challenges to the MTA's Rules of Debarment with the Construction Law Committee of the New York City Bar Association.

Jaimee Nardiello, Partner, will participate in a panel discussion about leadership at the UCREW Program. The program, geared to undergraduate and graduate students, is an exceptional opportunity to meet with and learn from dynamic industry professionals who will share their hard-earned and honed real estate experience.

Michael S. Zetlin, Senior Partner at Zetlin & De Chiara LLP, will moderate the Queens Panel at the Commercial Observer's 5th Annual Brooklyn, Queens Forum on October 31, 2019.

Jaimee Nardiello, Partner, moderated a panel that discussed the most important drivers in the office market in Lower Manhattan at Commercial Observer's 3rd Annual Downtown Forum. 2018 was a banner year in the Downtown market for commercial office leasing, and 2019 shows no change in this trend. Leasing activity continues to diversify and there is plenty of new supply coming to market. 

Timothy Hegarty to moderate "State of Alternative Project Delivery Methods" panel on Monday

Patricia Harris to moderate "Extending Your Firm's Geographic Footprint" panel on Monday 

State laws and regulations affecting architectural practice are voluminous, conflict from state to state, and can impact fundamental aspects of doing business—including licensing, entity formation, marketing, branding and solicitations. For those unaware of or failing to heed the rules, these laws and regulations can result in disciplinary proceedings. This seminar will highlight specific areas where firms, often inadvertently, breach local laws or ethical rules, and will address when regulatory authorities are likely to look for violations. 

Partner Loryn P. Riggiola spoke on the panel “Understanding the Dispute Management Provisions Pursuant to the FIDIC and Other Industry Form Contract Documents and their Application to Mega Projects – An International and Domestic Construction ADR Overview ” at the American Arbitration Association – International Centre for Dispute Resolution (AAA-ICDR).

Senior Partner Michael Zetlin along with associate Chengdong (C.D.) Xing presented on the MTA's New Debarment Rules for the Women Builders Council. 

At Commercial Observer’s Midtown Forum on June 12th, in a conversation moderated by Zetlin & De Chiara partner Michael Zetlin, panelists who’ve put their money on the line in the neighborhood discussed how they’re tackling the challenge of making some very young workers comfortable in some very old buildings.

We invite you to the Second Annual NYC Builds Bio+ Real Estate Development Symposium to examine the progress and potential that New York City has for the life sciences. The Symposium is NYC Builds Bio+’s flagship event and was launched in 2018 as a catalyst for driving targeted life science initiatives in New York City. All proceeds from the Symposium will be dedicated to supporting NYC Builds Bio+, New York’s premier not-for-profit association connecting commercial life science opportunities to the City’s real estate development community.

Omnichannel was the word of the year as retailers continued to seek the perfect balance between their physical and online presence. Veteran retailers veered toward smaller spaces as rents continue to escalate and in-store sales battle online competition. Bustling, once retail-deficient areas became surprisingly robust shopping destinations at the same time the city prepares to embrace brand new neighborhoods that will upend the retail conversation in New York. And in the midst of it all, the retail apocalypse that seemed to loom in 2017 has now slowed to a crawl, with significant new leases still dotting the retail landscape.

The increasing demand for successful project outcomes continues to drive the design and construction industry toward innovations in project delivery. Recent strategies such as Progressive Design Build and Integrated Project Delivery are rapidly evolving, and coupled with the relentless advancement of digital technologies, these delivery methods are transforming the traditional relationships among owners, architects, and builders. 

Most lawyers already know that losing bidders often target the owner and winning bidder when they believe that bid criteria or due process requirements were not followed. But what about advisors to the owner, such as architects, construction managers, and owner’s reps? Can they be liable to the losing bidder on theories like defamation, tortious interference, and other creative claims? This session explores theories of liability of those parties for the consequences of their advice, including a discussion of defamation and other potential claims for an architect’s recommendations on bid selection.