Timothy B. Froessel

Senior Counsel

tim.froessel@hklaw.com

New York +1.212.513.3484

Practices

Construction | Litigation and Dispute Resolution

Industry

Construction

Timothy B. Froessel

+1.212.513.3484

Overview

Timothy B. Froessel, an attorney in Holland & Knight's Construction Industry Practice Group, has more than 25 years of experience representing public and private owners, construction managers and general contractors in a wide variety of matters. Mr. Froessel's practice involves every aspect of construction, including negotiation of construction agreements, advice during project administration, claim development and response, mechanic's liens, insurance issues and representing clients in all forms of dispute resolution.

Mr. Froessel has comprehensive experience in public construction in New York state. He has represented numerous New York state public authorities, public universities and municipalities in a wide range of matters. Mr. Froessel is well versed in public procurement laws and policies, bid protest proceedings, the Wicks Law and exemptions thereto, and public improvement liens. He has extensive experience with claims made pursuant to contractual dispute resolution procedures on New York public works projects and Article 78 proceedings resulting from such claims. He has been involved in virtually every type of public works project, including educational facilities, public transportation, wastewater treatment facilities and bridge/highway construction. He has litigated and resolved complex claims on public projects with multiple stakeholders, including the largest bridge project in New York state.

Mr. Froessel has experience in a broad range of construction industry sectors, including education, infrastructure and utility, transportation and highway, commercial, and residential and mixed use. He has experience with various project delivery methods, including design-bid-build (DBB), design-build, construction management/build (CM/Build), engineering, procurement and construction (EPC) and public-private partnerships (P3).

In the area of dispute resolution, Mr. Froessel has a track record of obtaining favorable results for clients in federal and state courts, as well as in arbitration, mediation and public agency internal dispute resolution proceedings. Published decisions in Mr. Froessel's litigated matters are listed below.

Representative Experience

Prosecution and defense of delay, extra work, defective construction and design defect claims arising from construction of a new 785,000-square-foot educational facility in Manhattan
Prosecution and defense of claims arising from construction of a new 140,000-square-foot building on a college campus in Brooklyn
Defense of suit seeking to void award of public contract for the expansion of a college performing arts building
Defense of Article 78 proceedings commenced by mechanical and structural steel contractors on a new 356,000-square-foot college facility in Brooklyn
Defense of subcontractor's claims arising from construction of a new 99,000-square-foot public school

Defense of contractor's payment claim arising from unit-price contract to install a municipal sewer system
Advice to an owner in connection with construction defects/warranty claims on a 20-megawatt (MW) solar generation facility in California
Advice to a foreign engineering, procurement and construction (EPC) contractor in connection with the negotiation of a contract to build an 80-MW solar generation facility in West Virginia
Defense of contractor extra work claims arising from construction of a bulkhead on the Hudson River

Advice to an agency on change order negotiations concerning modernization of commuter rail line signals
Project administration advice to an agency in connection with a new rail line providing access to midtown Manhattan
Defense of contractor extra work claims arising from construction of new rail stations
Assist an agency with evaluation and defense/prosecution of claims arising from construction of a new twin-span bridge

Defense of claims arising from termination of $20 million contract for exterior building renovation
Prosecution and defense of claims arising from build-outs of leased office and retail space
Defense of delay/extra work claim arising from construction of art exhibition space
Defense of delay/extra work claim arising from renovation of commercial space at a New York City pier

Defense of developer's construction defect and consequential damage claims arising from the construction of a 1 million-square-foot mixed-use development in Washington, D.C.
Prosecution and defense of defective construction and delay claims arising from the termination of subcontracts for a new 160-unit senior apartment complex
Defense of subcontractors' extra work claims arising from construction of a new 226-unit apartment complex
Defense of contractor's delay claim arising from renovation of a landmark farmhouse in New York City
Project administration and claims advice to the owner in connection with a project to waterproof a plaza above a recreational facility
Project administration and claims advice to the owner in connection with the renovation of a community recreational facility

Crana Electric, Inc. v. Battery Park City Authority, 153 A.D. 3d 1206 (1st Dep't 2017) –affirming dismissal of contractor's action for damages in favor of alternative dispute resolution process required by contract
E.W. Howell Co., LLC v. City University Construction Fund, 149 A.D. 3d 479 (1st Dep't 2017) – affirming dismissal of contractor's action seeking declaration that public works contract was void
Plato General Construction Corp./Emco Tech Construction Corp., JV, LLC v. Dormitory Authority of the State of New York, 89 A.D.3d 819, 932 N.Y.S. 2d 504 (2d Dep't 2011) – $10 million judgment reversed and vacated, and contractor's complaint dismissed, on the ground that contractor's delay claims were barred by contract's no-damages-for-delay clause
Travelers Casualty and Surety Co. v. Dormitory Authority of the State of New York, 735 F.Supp. 2d 42 (S.D.N.Y. 2010) – summary judgment granted dismissing surety's delay claims, made on behalf of prime contractor and its subcontractors that had liquidated claims, on the ground that claims were barred by contract's no-damages-for-delay clause
Travelers Casualty and Surety Co. v. Dormitory Authority of the State of New York, 734 F.Supp. 2d 368 (S.D.N.Y. 2010) – summary judgment granted dismissing surety's claims for negligence and professional negligence against architect and construction manager, on the ground that claims were barred by New York's economic loss doctrine
Universal/MMEC, Ltd. v. Dormitory Authority of the State of New York, 50 A.D.3d 352, 856 N.Y.S. 2d 560 (1st Dep't 2008) – prime contract's no-damages-for-delay clause incorporated by reference into subcontract, thereby barring subcontractor's delay claims for damages caused by delay)

Credentials

Education

New York Law School, J.D.
State University of New York at Albany, B.A., Criminal Justice, cum laude

Bar Admissions/Licenses

Connecticut
New York

Court Admissions

U.S. District Court for the Southern District of New York
U.S. District Court for the Eastern District of New York
All State Courts in New York
U.S. District Court for the District of Connecticut
All State Courts in Connecticut
U.S. Court of Appeals for the Second Circuit

Memberships

Construction Lawyers Society of America, Fellow
American Bar Association, Forum on the Construction Industry
New York Building Congress
New York State Bar Association, Commercial and Federal Litigation Section
Town of Southeast, New York Zoning Board of Appeals, Chairman

Honors & Awards

Holland & Knight Pro Bono All-Star, 2020
Guide to the World's Leading Construction Lawyers Legal Media Group's Expert Guides, 2013, 2015
Chambers USA – America's Leading Business Lawyers guide, Construction Law, 2009-2012
Law Clerk, State of Connecticut Superior Court, 1991-1993