Real Estate & Construction

Featured Publication:

Major Changes: FAR Part 19 and DOT Disadvantaged Business Enterprise (DBE) [Alert]

Larry Prosen, Eric Leonard, Evan Bursey, and Kristina Zaslavskaya outline significant regulatory changes affecting small business programs, particularly the Department of Transportation’s Disadvantaged Business Enterprise (DBE) and Federal Acquisition Regulation (FAR) Part 19.

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The real estate and construction industry is a major component of the global economy. In the United States alone, millions of people are employed in related occupations. Industry leaders in this sprawling and vital sector must be prepared to evolve and adapt when unforeseen circumstances arise. The COVID-19 global pandemic has brought the importance of agility to the forefront.

Cozen O’Connor has a renowned real estate and construction practice that provides clients with the long-range perspective members of the industry demand. Our attorneys regularly counsel clients on acquisitions, development, financing, construction, disposition, and disputes. The firm’s dedicated real estate lawyers are often involved in the industry’s most sophisticated deals and most complex litigation. They are privy to — and often a driving force behind — critical legal advancements. And when clients face real estate projects in distress, our distressed real estate team works with developers, investors, banks, non-bank lenders, construction companies, landlords, tenants, owners, and operators to address distressed assets head-on.

Our practice has a truly national reach, and we represent commercial and residential developers, shopping center and office developers, property owners, real estate investment trusts, banks and lenders, investors, national and regional retail companies, real estate brokerage companies, public and privately held companies, property management companies, municipalities, general contractors and subcontractors, architects and engineers, building owners and manufacturers of construction-related products. Our attorneys counsel clients on issues related to office buildings, shopping centers, warehouses, commercial and industrial structures, highways, bridges, dams, docks, piers, refineries, drilling structures, and all residential structures from single-family dwellings to apartment house complexes.

Real estate and construction are exceedingly technical fields, and Cozen O’Connor attorneys are known for the depth of their technical knowledge. Whether discussing the specifics of compressive strength, load specifications, liquidation calculations, or insurance rates, our attorneys are fluent in industry-specific terminology, operations and formulas. Having lawyers with this degree of substantive background saves time, improves communication, and results in more sophisticated advocacy on behalf of our clients.

SERVICE AREAS

Litigation

  • Defend clients in commercial disputes involving real estate transactions
  • Represent construction clients in cases of catastrophic personal injury or death, design errors and omissions, defects, surety and performance bond default matters, “sick building” syndrome, and delay/cost overrun damages
  • Respond to OSHA and ADA civil rights violation claims
  • Lead industry-wide construction products litigation and arbitrations

Transactions

  • Lead real estate acquisitions, dispositions, development, and leasing deals
  • Analyze and prepare construction-related contracts
  • Arrange complex financings via senior debt, mezzanine debt, or structured finance
  • Perform loan restructuring, workouts, and foreclosures
  • Handle environmental impact assessments and risk allocation
  • Advise clients on partnering, leasing, and zoning transactions

Corporate and Regulatory

  • Provide guidance on insurance, indemnification, mechanic’s liens, and surety
  • Counsel clients on OSHA and ADA compliance
  • Assist clients with environmental regulations, land use, zoning, and condemnation laws
  • Advise construction and real estate professionals on industry best practices and standards

 

RELATED PRACTICES

  • Real Estate
  • Environmental Law
  • Commercial Litigation
  • Corporate Law
  • Labor & Employment
  • Tax
  • Insurance Coverage Claims/Litigation
  • Subrogation

 

 

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Experience

Currently represent manufacturer-subcontractor in contract dispute concerning the construction of a nuclear reactor in South Korea.


Litigated hundreds of Labor Law "200, 241(6) and 240(1) cases.


Exclusive counsel for some of the largest residential projects in NYC.


Represented a large contractor with regard to a multimillion dollar mechanic's lien related to the landmark property located at One Madison Park in New York City.


Represented a large general contractor in a multimillion dollar construction defect claim with regard to the landmark West Perry properties on the west side of Manhattan designed by world famous architect Richard Meier.


Successfully defended privately owned real estate company in restrictive covenant case involving allegations of breach of non-solicitation agreements by competitor's former branch managers.


Closed the $253 million sale of a Manhattan office building. The 389,000 sq. ft. building, known as the HarperCollins Building, 10 East 53rd Street, was sold by an Italian pension fund to SL Green, the REIT that is the largest owner of New York office buildings.


Represented the energy provider in connection with the decommissioning and removal of the existing Montclair University campus energy plant and the construction of a new state of the art cogeneration plant providing heating, air conditioning and electricity to much of the large campus of the university spanning three counties in New Jersey. Handled the basic energy sales agreement, the ground lease for the new on campus plant site, the easements throughout the campus for the distribution systems (including over portions of the campus owned by New Jersey Educations Finance Agency and by Public Service Electricity and Gas) and the financing of the project through a public bond issue.


Handled the acquisition of 84 unsold an unoccupied residential condominium units at the new development known as Williamsburg Terrace in Brooklyn. Represented the company in connection with the acquisition of real estate, the financing and the joint venture work with the operating partner/managing agent for the project. Coordinated the work of special counsel representing the client in connection with the condominium offering plan for the development and the Section 421 - a real estate tax abatement for the unites.


Represented a private equity fund in its acquisition, in joint venture with affiliates of Carey Watermark and Marcus Hotels and Resorts, of the 372-room Atlanta Westin Perimeter Hotel. In less than 30 days, the team and co-counsel negotiated and concluded the acquisition, joint venture, hotel management, and franchise and loan documentation. Total acquisition and committed property improvement costs were $57 million.


Handled all aspects of the acquisitions of portfolios of office and industrial properties in Minnesota and Arizona, some by purchase of defaulted loans.


Represented a real estate investment management firm in its investment in and financing of the majority interest in a $2.5 billion joint venture formed to develop or redevelop a portfolio of 93 assets on 42 development sites located throughout the greater Washington, D.C., metro area as office, retail, hotel and multifamily residential.


Publications

Major Changes: FAR Part 19 and DOT Disadvantaged Business Enterprise (DBE) [Alert]

October 21, 2025

Larry Prosen, Eric Leonard, Evan Bursey, and Kristina Zaslavskaya outline significant regulatory changes affecting small business programs, particularly the Department of Transportation’s Disadvantaged Business Enterprise (DBE) and Federal Acquisition Regulation (FAR) Part 19.

Contractor Considerations as Construction Costs Rebound [Law360]

October 07, 2025

Jeffery Mullen and Josephine Bahn contributed an Expert Analysis to Law360 discussing cost uncertainty in project planning and bidding in the construction industry.

Here We Go Again, Part Deux - Are You Ready for Another Possible Government Shutdown? [Alert]

September 25, 2025

Larry Prosen and Eric Leonard discuss another potential federal government shutdown and share what government contractors should do to protect their interests.

OMB Issues Additional Guidance on Consolidating Procurement Activities at GSA [Alert]

July 24, 2025

Eric Leonard, Larry Prosen, Matt Howell, and Rachel Schwartz discuss the OMB's memo, which aims to streamline federal procurement by consolidating activities under the GSA.

Federal Construction Considerations Amid Policy Overhaul [Law360]

July 09, 2025

Jeffery Mullen and Josephine Bahn contributed an Expert Analysis to Law360 discussing the most significant developments in federal construction law over the last six months.

Commerce Department Considers Applying Section 232 Duties on Steel and Aluminum to More Construction Materials [Alert]

May 29, 2025

Larry Prosen and Micah Myers discuss the U.S. Department of Commerce's proposals to expand 25% Section 232 duties on imported steel and aluminum to include more construction materials, which could significantly increase industry costs.

DOJ Establishes Civil Rights Fraud Initiative Targeting Corporate DEI Programs and Antisemitism [Alert]

May 21, 2025

The White Collar team discusses the DOJ's new Civil Rights Fraud Initiative, which leverages the False Claims Act to combat discrimination by federal fund recipients.

The End of the Small Business Set Aside Programs? DOT Issues New Guidance Letter [Alert]

May 12, 2025

Larry Prosen, Eric Leonard, and Adam Poliner discuss the DOT's notice to grant recipients about new interpretations of DEI policies and potential consequences for failure to comply.

And Here We Go – Reformation of the FAR Directed by Executive Order [Alert]

April 17, 2025

Larry Prosen and Eric Leonard discuss President Trump's Executive Order to streamline the Federal Acquisition Regulations (FAR).

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Events & Seminars

Past Events

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In The News

Two Cozen O’Connor Attorneys Named 2025 Massachusetts Super Lawyers

October 17, 2025

Wendy K. Venoit was named a 2025 Massachusetts Super Lawyer, and Michael Filbin was named a 2025 Massachusetts Rising Star.

Entering the 'Wild West'?: US Supreme Court Reshapes Litigation Over Federal Grant Termination

September 08, 2025

Lawrence Prosen was quoted in a Law.com article discussing two U.S. Supreme Court emergency docket orders, which suggest U.S. district courts likely lack jurisdiction to hear cases regarding the Trump administration’s federal grant terminations.

Discovery under Pressure: Managing Data, Documents, and Deadlines in Construction Arbitration

September 05, 2025

Wendy Venoit was interviewed by the American Arbitration Association to discuss the growth of digital data on construction projects over the last few years.

Changing Attitudes Toward Mental Health

July 18, 2025

Marion Hack and Wendy Venoit were quoted in a Third Thursday article discussing whether the level of awareness of mental health has increased in the construction industry.

Cozen O’Connor Welcomes Notable Real Estate Attorney Thomas Wechsler

July 07, 2025

Wechsler has over a decade of experience at Am Law Top 10 law firms and in-house general counsel experience. He joins the firm from Ropes & Gray LLP as a member, splitting his time between Cozen O’Connor’s New York City and Pittsburgh offices.

Legal 500 Recognizes Seven Cozen O'Connor Practice Areas and 15 Cozen O'Connor Attorneys in its 2025 Legal Guide

July 02, 2025

For more than 30 years, The Legal 500 has assessed the strengths of law firms in more than 100 jurisdictions. The rankings use a series of criteria, including client feedback, submissions from law firms, and interviews with leading private practice lawyers.

Hard-Hatted Women with Steel-Toed Shoes: Women in Construction Increasing at Healthy Pace

June 16, 2025

Wendy Venoit was featured in a Construction News and Review article discussing the increase in the number of women in the construction industry.

Cozen O’Connor Lawyers and Practices Earn Top Recognition in Chambers USA 2025 Guide

June 05, 2025

Chambers USA, the leading annual guide to the top lawyers and law firms in the United States, has ranked 98 Cozen O’Connor lawyers as leaders in their respective fields in the guide’s 2025 edition.

Trials and Tribulations – Q&A With Marion Hack

May 16, 2025

Marion Hack was featured in a Third Thursday article discussing lessons that shaped her philosophy towards trials and common misconceptions about the art of jury trials.

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Contacts

William F. Davis

Vice Chair, Real Estate
Co-Chair, Real Estate Finance

wdavis@cozen.com

(212) 883-4947

Josh M. Greenbaum

Member

jgreenbaum@cozen.com

(215) 665-2788

Vincent P. Pozzuto

Co-Chair, Strategic Risk & Complex Litigation
Regional Manager, Global Insurance Department – Northeast

vpozzuto@cozen.com

(212) 908-1284

People

Awards

49 Cozen O'Connor Attorneys Named Pennsylvania Super Lawyers and Rising Stars

June 01, 2022

Super Lawyers has selected 49 Cozen O'Connor attorneys to the 2022 Pennsylvania Super Lawyers and Rising Stars lists.

138 Cozen O’Connor Attorneys Named to the Best Lawyers in America

August 28, 2019

Best Lawyers selected 138 Cozen O’Connor lawyers from 21 of the firm’s national offices for inclusion in the 2020 edition of The Best Lawyers in America.

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