LePatner & Associates News and Information
Broken Buildings, Busted Budgets: How to Fix America's Trillion-Dollar Construction Industry (University of Chicago Press) is in bookstores and available now.
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LePatner presented "America's Construction Crisis: Can Broken Buildings and Busted Budgets Be Fixed?" a webinar sponsored by national accounting firm Deloitte on March 4, 2008. Over 650 attendees listened in. Watch and listen here (registration required).
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On March 11. 2008, LePatner was a guest on NPR's "State of Affairs," an hour-long public affairs program, discussing the issues raised by Broken Buildings, Busted Budgets. A Kentucky contractor weighed in on the interview and call-in listeners further enlivened the conversation. Listen here.
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LePatner is serving as regulatory and compliance counsel to HP in connection withits $140 million purchase of EYPMC, a nationally renowned engineering firm specializing in designing mission critical facilities for leading corporations and institutions around the world.
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LePatner's project management division is busy working on interesting projects for long-time client WNET-13, for whom LePatner is leading the design and construction team on the renovation of sister station WLIW-Channel21 on Long Island. LePatner is also excited to be providing project management services to new client Metropolitan National Bank as it expands its operations into Brooklyn.
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Read Barry LePatner and Henry Korn's article, "Sarbanes-Oxley's Wake-Up Call to the Construction Industry," co-authored with Anthony S. Chan from Berdon LLP and published in the The CPA Journal December, 2007.
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Read the book review of Broken Buildings, Busted Budgets at the Wall Street Journal Online: "Getting Hammered," by James R. Hagerty, December 5, 2007, pD9
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Read an interview with Barry LePatner in the article, "Unreconstructed," by Zach Patton published in Governing magazine November, 2007. The article discusses the perilous state of our nation's infrastructure and whether the construction industry in its current form is up to the task of fixing it without saddling taxpayers with millions or billions in cost overruns.
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Hear Barry LePatner's interview on The Invisible Hand, a semi-monthly podcast devoted to management thinking, economics and other business topics.
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Read Barry LePatner's article, "Construction's Complexity: Traditional Standard Contracts Can Be a Minefield for the Unwary Practitioner," published in the Legal Times September 24, 2007.
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Barry LePatner was interviewed on Boston's public radio station, WBUR, on Monday August 20, 2007 to discuss the state of the U.S. construction industry in the context of the Minneapolis bridge collapse and other recent construction-related headlines. Listen to the 'Here and Now' segment here. LePatner's interview starts 21:18 into the program.
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LePatner & Associates offers a new CLE course for attorneys this summer and fall. Barry LePatner will lead "Construction Cost Integrity: Protecting Your Client's Construction Project Investment." Much of the material is drawn from the firm's nearly thrity year's of experience and Broken Buildings, Busted Budgets, LePatner's new book (order here from Amazon.com). The free, 1.5 credit CLE seminar has already been well received by real estate departments in firms such as Paul Hastings, Loeb&Loeb, Fried Frank, Stadtmauer Bailkin, Manett Phelps and LeBoeuf Lamb. To schedule the course at your firm, contact drubin@lepatner.com or blepatner@lepatner.com.
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Brad Cronk, the firm's director of project management and a registered architect, obtained his LEED Accreditation from the United States Green Building Congress. The Leadership in Energy and Environmental Design (LEED) Green Building Rating System is a voluntary yet measurable approach to designing and building green. LePatner aims to be a leader in this emerging field, advising its clients about the business, design and legal benefits of "going green" on their new and existing projects. Contact bcronk@lepatner.com with your questions on green design.
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Barry LePatner moderated an industry roundtable discussion on the state of the local New York City construction environment and its future. The event was sponsored by Real Estate New York, with panelists Richard Anderson, leader of the New York Building Congress, Paul Bello, a partner at AKF Engineers, and Richard Wood, head of Plaza Construction. Read a transcript.
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Alex Ferrini, Ronald Feingold and David Esterman presented Legal Issues for New York Professional Engineers on January 19, 2007 in White Plains, New York. The full day seminar explored topics including: New York State licensing and renewal requirements; the New York Board of Professional Engineering's duties, rules and regulations; defining unauthorized and unlicensed practice; the Board's procedures for initiating investigations and taking disciplinary action; defining professional conduct by and between engineers including out-of-state practice procedures; understanding insurance, liability and malpractice issues and avoiding potential professional liability claims; and how to act as a fact and/or expert witness in a civil litigation.
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Barry LePatner recently published two articles on the chronic problem of construction costs far exceeding their initial estimates. Challenging the Rising Costs of Construction in January 2007 Real Estate New York, and Construction Cost Increases: Owners Should Know the Difference Between the Myths and Realities, in the October 17-23, 2006 New York Real Estate Journal explains that the lack of a true fixed price contract and an asymmetric balance of information in favor of the contractor makes it almost impossible for an owner to truly remain in control of its construction project. These articles are excerpted from Mr. LePatner's forthcoming book, Broken Buildings, Busted Budgets, to be published by the University of Chicago Press in 2007.
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In a departure from his role as construction litigator, Henry Korn returns to his roots as a former Assistant United States Attorney in analyzing the District Attorney Scandal in the Duke University Case in the January 30, 2007 New York Law Journal.
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Henry Korn authored Pitfalls of Construction Facing the Owner: Accounting Traps Found in Standard AIA Documents published in the New York Law Journal on November 20, 2006.
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Barry LePatner appeared on New York Magazine's prestigious list of "The New York Area's Best Lawyers." The listing is based on survey data from the 2007 edition of The Best Lawyers in America, one of the nation's most highly regarded legal referral guides. Every year, Best Lawyers undertakes an exhaustive, nationwide regimen of peer reviews through which top lawyers in the country confidentially rate others in their profession.
Go to the full press release now.
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Real Estate Outlook 2006: Are We Entering A New Economic Cycle?
New York's corporate executives, real estate developers and design professionals gathered at LePatner & Associates' Fourth Annual Secrets of the Expert Advisors Executive Seminar Series. Real Estate Outlook: Are We Entering A New Economic Cycle? was co-sponsored by The Rampart Group, Sterling National Bank, Berdon LLP and LePatner at the University Club in midtown Manhattan on Thursday, June 8, 2006. Barry LePatner moderated a panel that included: Rosemary Scanlon, an associate professor of economics at NYU and a consultant in urban and regional economics; John Powers, chairman of the NY Tri-State Region of CB Richard Ellis; and Stuart Match Suna, co-owner and president of Silvercup Studios in Long Island City. Click here to download the full seminar transcript.
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LePatner is pleased to once again represent London-based Lord Richard Rogers and his internationally renowned firm, Richard Rogers Partnership, in contract negotiations for several important projects under way in New York City including the $1.8 billion Javits Convention Center Expansion, Tower 3 at the World Trade Center Site for Silverstein Properties, as well as a $1 billion mixed use development for the Queens-based television and film production company, Silvercup Studios. Plans call for two residential and one commercial tower, soundstages, retail and a riverfront esplanade on a six-acre site adjacent to the Queensborough Bridge.
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LePatner is representing The Andalex Group as it develops its Arris Lofts project, a 237-unit luxury condominium conversion of the former Eagle Electric headquarters at Court Square in Long Island City. LePatner drafted and negotiated the construction agreements and continues to act as counsel and advisor during construction.
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LePatner is representing Colgate Development LLC on several major projects including 485 Fifth Avenue, a fashion-oriented condominium in Manhattan, and a new 45-story luxury condominium tower in Philadelphia for Ritz-Carlton.
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Barry LePatner Featured on Business Week Weekend, April 9, 2006.
Barry LePatner and his collection of rare architectural drawings was featured on national television in a segment which focused on the appraisal of art collections for insurance purposes. "Business Week Weekend," which reports on business and personal finance topics, is broadcast on ABC network stations around the country and also on some independent networks. Click here to view the video clip of the segment.
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Barry LePatner published three articles in the past months:
Caveat Advocatus: Drafting Agreements for Your Client's New Construction Project Ain't What It Used to Be. New York Law Journal, March 27, 2006.
Are You Prepared? Disaster Management Plans Help Owners Protect Their Investments. Commercial Investment Real Estate, March/April 2006.
Protecting the Dream: A homebuilding advisor can shield you from trumped up construction costs. Robb Report Vacation Homes, February/March 2006.
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In recognition of LePatner & Associates LLP's 25th Anniversary of doing business in New York City, Mayor Michael Bloomberg proclaimed November 9, 2005 as Barry B. LePatner & Associates Day. Thanks, Mayor Mike!
<Click for an enlarged version.
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The University of Chicago Press has agreed to publish Barry LePatner's new book, Broken Building, co-authored with Tim Jacobson. The book takes a critical look at the socio-economic reasons why construction remainsone of the nation's least efficient and least productive industries. Read an excerpted chapter in the Summer 2005 LePatner Report. Anticipated publication in late 2006 or early 2007.
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LePatner & Associates is pleased to collaborate once again with SafirRosetti, renowned corporate investigators headed by former NYC Police Commissioner Howard Safir, on a matter involving construction projects for a major NYC medical facility. The work will require an audit of the past performance of the project's construction manager and preparation of new agreements for upcoming projects.
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LePatner & Associates is proud to have recently shared its construction expertise with one of the world's leading financial institutions, JPMorganChase. In conjunction with outside counsel, Paul Hastings LLP, LePatner assisted in reformulating and refining the comprehensive, national construction procurement and management policies initially prepared by the bank's senior management. LePatner then formed a complete set of design and construction agreements, checklists and project forms tailored to JPMorganChase's exacting standards. Barry LePatner joined the bank's team and traveled the country to train its national project management staff on the proper and effective use of these unique tools.
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Barry LePatner was featured in two recent articles in the August 2005 issue of The Real Deal. The first, "Some Converted Condos Remain Unfinished," discusses warning signs for buyers of converted condominiums. The second, "Construction Costs Going Up," comments on the continued increase of construction costs in New York City. Read the articles at www.therealdeal.net.
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Real Estate Outlook 2005: Is the Rebound for Real?
Over 250 corporate executives, real estate developers and design professionals attended LePatner & Associates Third Annual Secrets of the Expert Advisors Executive Seminar Series, "Real Estate Outlook: Is the Rebound for Real?" The seminar was co-sponsored by The Rampart Group, Sterling National Bank, Berdon LLP and LePatner on April 6, 2005 at the University Club in midtown Manhattan. Barry LePatner moderated a panel that included: Stuart Varney, noted business journalist for Fox News; Steven Spinola, President of the Real Estate Board of New York; and Michael T. Cohen, Chairman of GVA Williams and President and CEO of Williams Real Estate Co., Inc.
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Partner Henry H. Korn, Esq. was recently published in the New York Law Journal. Click here to read his article entitled, The Limits on the Crime Victim's Counsel to Threaten Referral to Law Enforcement Authorities.
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When the Lower Manhattan Development Corporation awarded the design commission for the Performing Arts Center at the Freedom Tower and World Trade Center site to Gehry Partners, the Gehry firm turned to LePatner & Associates to negotiate the complex design agreement on their behalf with LMDC. The Project, expected to cost between $250-400 million, includes venues for both the Joyce Theater International Dance Center and Signature Theater Center.
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LePatner & Associates has been retained by Millennium Partners, one of the nation's preeminent real estate developers, to draft and negotiate construction agreements for several exciting large projects, including a new highrise in Battery Park City and a large mixed-use property in SanFrancisco.
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LePatner & Associates represents the owner of a townhouse, previously owned and renovated by world renowned architect, Paul Rudolph, in litigation against his next door neighbor. In a trial now proceeding in Supreme Court, New York County. LePatner is arguing for the right of its client to access the neighboring property in order to repair and renovate the exterior facade facing the neighboring property. The neighbor continues to refuse access to its property and even built an illegal wall blocking access to our client's facade. THe neighbor has now violated an emergency declaration by the Department of Buildings to dismantle the new wall. While LePatner has litigated unique disputes before, this one may top the list.
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BBL&A Offers CLE Course
BBL&A is scheduling its 2006 season for its CLE seminar, Defending Your Client Owner Against Unwarranted Construction Delay and Cost Overrun Claims, which has been approved by the New York Continuing Education Legal Department. This seminar presented by partner Barry LePatner is being offered free of cost to legal professionals at your offices or ours. 1.5 CLE credits will be earned toward annual CLE requirements. In addition, The Perils and Pitfalls of Today's Construction Projects, also approved by the NYCELD, will continue to be offered for 1.5 CLE credits.
Click here for information on how to schedule these courses and an preview an outline of the seminars.
******* Press Release *********
BARRY B. LEPATNER, Esq. NAMED HONORARY MEMBER OF THE AMERICAN INSTITUTE OF ARCHITECTS
New York, NY, March 7, 2002; Barry B. LePatner & Associates, LLP is pleased to announce the election of its founding partner, Barry B. LePatner, to Honorary Membership in the American Institute of Architects. Honorary membership in the AIA is one of the highest honors the organization can bestow upon an individual who is not an architect and is granted to those who have devoted their careers in service to the profession.
Go to the full press release now.
