Michael De Chiara, Zetlin & De Chiara LLP Photo

Michael K. De Chiara

Senior Partner
Hon. AIA New York State
  • New York, NY
    801 Second Avenue
    New York, NY 10017

Overview

Known for strategic thinking and successful representation of numerous clients in some of the most high profile construction cases of the last 20 years, Michael K. De Chiara is one of the pre-eminent construction lawyers in the country.

Mr. De Chiara regularly represents clients in domestic and international construction disputes where the hard dollar amounts in controversy exceed $100 million. For example, he successfully defended the engineer in the collapse of a major casino, and the resultant claims of over $300 million. He prevailed on behalf of another (engineer) in a suit brought by a large California hospital where the claim exceeded $150 million.

Mr. De Chiara is the only construction attorney in private practice who has represented the Federal General Services Administration, successfully defending it against a claim in excess of $100 million in connection with a major Federal courthouse. Mr. De Chiara has also successfully represented the New York Metropolitan Transportation Authority in several major litigations. Mr. De Chiara is currently involved in the most high profile construction dispute in the United States involving a large condominium in San Francisco.

Mr. De Chiara is also highly regarded in the area of construction contract negotiation and drafting. For example, he represented the United Nations in developing their model design build agreement to be used throughout the world. He has drafted owner-contractor agreements for construction budgets up to $850 million on behalf of New York City’s most prominent real estate owners. Recently, Mr. De Chiara was retained to negotiate the largest private Project Labor Agreement for a single building in the history of the United States.

He has been involved in Public Private Partnership ventures and has negotiated and drafted contracts for Integrated Project Delivery projects. Mr. De Chiara was involved in negotiating and drafting the engineering contracts for the rebuild of the World Trade Center buildings in New York, representing clients dealing with the Port Authority of New York and New Jersey and Silverstein Properties. He negotiated the architectural contract for the World Trade Center Memorial, the engineering and architectural contracts for the Hudson Yards Development, the largest private building development in the history of the United States, and architectural and engineering contracts for virtually every other building type in the country.

Mr. De Chiara is active in many organizations and serves on the Boards of Directors of The New York Landmarks Conservancy and The New York Building Foundation. In addition, Mr. De Chiara serves as the General Counsel for the American Institute of Architects, New York State and the American Council of Engineering Companies of New York. On a pro-bono basis, he litigated to protect and preserve the famous Picasso work Le Tricorne, which was located in the Four Seasons Restaurant in the Seagram Building in New York City. Mr. De Chiara is a recipient of the AIA New York State President’s Citation for Outstanding Service, and the March of Dimes’ Thomas E. Diana Spirit of Volunteerism Award in recognition of his dedication to the community.

Mr. De Chiara has given numerous presentations on issues affecting construction projects, has co-authored a well-respected book on construction law and is a frequent contributor of articles and quotes on issues affecting the design, construction and real estate industries. 

Experience

Honors

News & Events

News

Speaking Engagements

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    12.14.2022

    Zetlin & De Chiara Celebrated Our 30th Aniversary!

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    12.07.2021
    Union League Club & Virtual

    Michael De Chiara, Zetlin & De Chiara

    Rick Cook, COOKFOX Architects

    Scott Frank, Jaros, Baum & Bolles

    Rocco Giannetti, Gensler

    Sabrina Kanner, Brookfield Properties

    Yasemin Kologlu, Skidmore, Owings & Merrill

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    11.04.2021
    The Times Center, 242 West 41st Street, New York, NY 10036

    Michael De Chiara, Zetlin & De Chiara (Moderator); John Cahill, JLL; Mary Howard, Design Technologies; Susan Crinnion, J.P. Morgan

    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.

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    09.14.2021
    Building Energy Exchange & Virtual

    Michael K. De Chiara-Senior Partner, Zetlin & De Chiara

    Rocco Giannetti, FAIA, LEED AP ID+C-Principal/Managing Director, Gensler

    Tomi Vest, General Counsel, NYC Mayor’s Office of Climate Resilience

    Josephine Zurica, P.E., LEED AP, CPHC-Principal, Dagher Engineering

    Michael Izzo-Vice President, Construction, Hines

    Richard Yancey, FAIA, LEED AP-Exectuive Director, Building Energy Exchange

    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.

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    04.22.2021
    Zoom

    Michael De Chiara, Senior Partner

    Ted von Rosenvinge, GeoDesign Engineers

    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. 

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    01.20.2021
    Online

    Michael K. De Chiara, Zetlin & De Chiara; Scott Frank-JB&B; Josephine Zurica-Dagher Engineering

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

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    05.14.2020
    Webinar

    Michael K. De Chiara-Zetlin & De Chiara LLP, Moderator, Anthony J. DiBrita, Jr.- Zetlin & De Chiara LLP, Lionel Bejean-Greyling Insurance Brokerage & Risk Consulting, Inc. Peter Koppisch-Willian H. Connolly Co., LLC, Mary Beth Rumple-Poole Professionals, Kevin Viana-Marshall & Sterling Insurance

    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.

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    Michael De Chiara-Zetlin & De Chiara LLP 

    Jeremy Butkovich - Shannon & Wilson, Steve DeSimone - DeSimone Consulting Engineers, Leo E. Argiris - Arup, and George Leventis - Langan. Panel in formation.

    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.

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    06.12.2019
    The Times Center

    Michael De Chiara, Moderator

    Joe Landolina - Cresilon; Brett Spector - Fesarius Thereapeutics, David McElligot, Petra Pharma; Anna Weber - Kallyope

    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.

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    06.12.2019
    Helmsley Building

    Michael De Chiara, Senior Partner, Moderator

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    05.31.2017
    The Union League Club

    Michael De Chiara, Moderator

    Richard T. Anderson - New York Building; Jay Badame - AECOM Tishman; Sabrina Kanner - Brookfield Properties; Gary LaBarbera - Building and Construction Trades Council of Greater New York; Steve McGinnis - The New York City C

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    06.2011
    AIA-ACEC Committee Meetings
    Zetlin & De Chiara LLP
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    02.2011
    Insurance Industry Summit
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    05.2010
    AIA/ACEC Special Advisory Committee Meetings
  • event
    The State of the Insurance Industry Managing Risk and Protecting Profitability
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    11.2009
    The Contractual and Liability Issues of BIM and IPD Webinar
  • event
    10.2009
    AIA/ACEC Special Advisory Committee Meetings 
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    09.2009
    An Introduction to IPD Seminar Series 
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    07.2009
    Energy to Build New York
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    05.2009
    AIA/ACEC Special Advisory Committee Meetings 
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    05.2009
    CASE Spring Risk Management Convocation Breakfast: 9/11 Responders and the Structural Risk Involved 
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    01.2009
    The State of the Insurance Industry and Implications for Building New York 
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    11.2008
    The Current Economic Crisis and Its Impact For Regional Construction and Development 
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    11.2008
    AIA/ACEC Special Advisory Committee Meetings
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    09.2008
    Second Annual Architects and Engineers Expert Retreat: Integrated Project Delivery and BIM
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    08.2008
    BIM Symposium 
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    06.2008
    AIA/ACEC Special Advisory Committee Meetings
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    12.2007
    Annual Joint Session on Current Issues for Design Professionals 
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    10.2007
    AIA/ACEC Special Advisory Committee Meetings
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    06.2007
    Retrofitting Green: Why It Makes (Dollars and) Sense!
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    05.2007
    Annual Joint Session on Insurance Issues
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    11.2006
    Annual Joint Session on Insurance Issues
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    10.2006
    It's a BIM New World—The Next Revolution in Design and Construction Technology
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    10.2005
    Annual Joint Session on Insurance Issues
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    10.2004
    Annual Joint Session on Insurance Issues
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    10.2003
    Annual Joint Session on Insurance Issues
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    05.2003
    AIA National Conference, "Owner-Drafted Contracts: Sign Here Stupid!"
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    09.2002
    Water Intrusion and Mold Remediation in New York: Seminar Series

Publications

  • publication
    09.15.2021

    “New York City’s far-reaching climate laws will have a significant impact on developers, architects, engineers and the other members of the construction industry,” noted  Michael De Chiara, Senior Partner at Zetlin & De Chiara. Mr. De Chiara and a panel of industry experts expanded on the changes at a recent workshop on Contracts, Climate, & Compliance sponsored by the Building Energy Exchange’s Architect Advisory Council (AAC) in cooperation with AIA New York and ASHRAE New York.

    The panel provided a detailed look at the legal risk and responsibility of high performance design and construction, as well as how to improve compliance with NYC climate legislation, including its forthcoming predicted energy use code (Local Law 32 of 2018) and the groundbreaking building carbon emission limits of 2019’s Local Law 97.

  • publication
    01.06.2021

    The New York City Council passed Local Law No. 97 of 2019 on April 18, 2019 and Local Law No. 147, amending Local Law No. 97, on June 26, 2019, both of which became effective as of November 15, 2019 (collectively “LL97”). LL97 ushers in a new era of stringent climate control regulations for the City, applicable to both existing buildings and new buildings. Though LL97’s emissions limitations do not begin until 2024, real estate owners and design professionals are already busy considering how the new limitations will impact current buildings, as well as those being contemplated for the future. This client alert intends to summarize LL97’s emission standards so that our clients may consider them when conceptualizing new projects and, where feasible and appropriate, recommend design elements and building systems to assist owners in meeting their new obligations.

  • publication
    06.12.2019

    After many years and much effort, New York has finally shed its reputation as being inhospitable to the biotech and life sciences industries, emerging as a leading incubator of firms on the cusp of revolutionizing healthcare and wellness.

  • publication
    10.23.2018

    Summer turned up the heat at Zetlin & De Chiara LLP where we were involved in two of the most prominent construction cases in the nation. With attorneys airborne between the East and West Coasts, the office has been busy on the ground with client matters, fielding questions from the press, speaking at industry events and supporting community and professional organizations. Even as the temperature outside cools, our high level of activity shows no signs of chilling.

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    05.2013
    Mann Report
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    09.2012
    Collaboration by Contract: The Legal Side of Integrated Project Delivery
    Zetlin & De Chiara Review
  • publication
    02.2012
    Interview with the Presidents
    Zetlin & De Chiara LLP Review
  • publication
    05.2011
    Arc Tunnel Project – Westway Revisited
    Real Estate Weekly 
  • publication
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    2010
    Foreign Employment Issues for the Unwary
    Quarterly Review, Zetlin & De Chiara LLP
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    2008
    When the Crane Collapses: From the Owner's Perspective
    Quarterly Review, Zetlin & De Chiara LLP
  • publication
    2006
    BIM: The Professional and Legal Ramifications - A Voyage into the Unknown
    Quarterly Review, Zetlin & De Chiara LLP
  • publication
    2006
    An Interview with David J. Bresnahan
    Quarterly Review, Zetlin & De Chiara LLP
  • publication
    2003
    New York Construction Law
    Aspen Publishers

Affiliations

Organizations

  • American Council of Engineering Companies of New York— General Counsel; Member, Legal Counsel Forum
  • American Institute of Architects New York State — General Counsel
  • AIA – ACEC/NY Special Advisory Committees — Chairman
  • New York Building Foundation — Board Member/General Counsel
  • New York Landmarks Conservancy — Board of Directors
  • New York Building Congress — Member, Energy; Healthcare; Planning, Growth & Sustainability; Public Building & Procurement; and Transportation & Infrastructure Committees
  • Society of American Military Engineers
  • Real Estate Board of New York
  • Construction Management Association of America
  • American Bar Association — Member, Construction Industry Forum
  • New York City Bar Association
  • New York State Bar Association

Faculty Memberships

  • Cornell University

Education

Vanderbilt University, J.D.

Columbia University, Graduate Program Architecture

SUNY at Stony Brook, M.S. 

SUNY at Stony Brook, B.E.M.E. Mechanical Engineering

Admissions

  • New York
  • New Jersey

Court Admissions

  • U.S. District Court, New York
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Northern District of New York
  • U.S. District Court, Southern District of New York
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