Gary L. Rubin

Schiff Hardin LLP

666 Fifth Avenue
17th Floor
New York, New York 10103

212-745-9582

Construction, Contract

Gary L. Rubin is a seasoned construction law attorney who has practiced in New York City since 1976. He is a polished writer, a thoughtful strategist and a forceful advocate who helps owners and contractors with a variety of construction law needs. His experience in litigation and alternative dispute resolution has cemented his reputation as a leader and innovator who understands the complex landscape of construction law.

Gary works vigorously and efficiently to resolve existing disputes and to position clients effectively through strong and capable contract drafting. He is steeped in the fine points of New York construction law and enjoys rolling up his sleeves to address clients’ problems.

Gary’s experience runs the gamut from state and federal litigation to sophisticated mediation and arbitration proceedings, project controls and transactional work. He prides himself on "under the radar" planning and strategy, which benefit his clients while Gary advises quietly behind the scenes.

Since 1995, Gary has been principal co-author of the "Construction Litigation" chapter of Commercial Litigation in New York State Courts, including three editions and annual updates. Thus, he literally “writes the book” on New York construction law, demonstrating again his command over the material as well as his absolute dedication to his clients and their goals.

Experience

  • *Successfully defended a public owner and its construction manager against $25 million in delay claims arising out of a project for construction of an academic complex in New York City (as part of joint defense team with another firm).
  • *Assisted a public owner in negotiating a guaranteed maximum price contract with a construction manager on a multiphase project exceeding $200 million in value.
  • *Represented a public owner in successfully resolving (through mediation) a contractor’s delay claim which had been the subject of an action filed in federal court.
  • *Defending an international hotel company against a contractor’s suit for alleged breach of contract.
  • *Represented two prime contractors in successfully litigating and settling separate delay claims against the City of New York.
  • *As co-counsel with Sayward Mazur, successfully prosecuted and ultimately settled a $10 million arbitration claim on behalf of a mechanical subcontractor against an EPC prime contractor arising out of a project for construction of a power plant.
  • *Furnished advice to the Chancellor and the Division of School Facilities concerning the construction and budgeting process for NYC public schools, during the tenure of NYC Schools Chancellor Harold O. Levy.

Publications


"Construction Arbitration Clauses Can Save Time And Money," Law360 (June 2, 2015)

"Cost-Effective Dispute Resolution," Construction Business Owner (Feb. 2015)

"Cost-Effective Construction Arbitration Agreements," New York Real Estate Law Journal (Nov. 11, 2014)

"Mediation Strategy: 'Goldilocks' Timing Is Key to Success," Construction Today (July 8, 2014)

"Removal of 'No Damage for Delay' Clause Spells Change on the Contractual Landscape," New York Real Estate Journal (May 2014)

"Construction Litigation," Chapters in Commercial Litigation in New York State Courts (co-author), Thomson West (first ed. 1995, second ed. 2005, third ed. 2010, with annual updates)

"U.S. Supreme Court Limits Judicial Review of Arbitration Awards for Errors of Law – Strategies for Drafting Arbitration Agreements in the Aftermath of Hall Street," New York Law Journal (Nov. 3, 2008)

Speeches and Presentations

"Deadly Explosion in East Harlem," BronxNet TV's "Today's Verdict" (March 25, 2014)

Awards and Honors


AV Rated – Martindale-Hubbell
Best Lawyers in America — Construction Law; Construction Litigation
Leading Lawyer — Construction, Chambers USA — America's Leading Lawyers for Business
New York Metro Super Lawyers – Construction Litigation; Alternative Dispute Resolution
Who's Who Legal – New York, Construction

Education


Harvard Law School(J.D., 1975)
Cornell University(B.A., cum laude, 1972)Managing Editor, The Cornell Daily Sun (1971-72)


Professional Certifications


Arbitrator, American Arbitration Association

(Construction Industry Arbitration Panel)

Professional Memberships


American Bar Association
New York City Bar Association
New York County Lawyers' Association
New York State Bar Association
666 Fifth Avenue, 17th Floor
New York, NY 10103

P: 212-745-9582
F: 212-753-5044
E: [email protected]