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Bailyn Law

  • When was your firm founded?

2004

  • Who founded your firm?

Bradley Bailyn (me)

  • Where is your firm based?

New York City

  • How big is your firm?

Small, service and relationship-oriented law firm focused on the construction & IT industries

  • Is the company a family-owned business?

Yes

  • What type of subcontractor are you?

Construction Law

  • What have been some of the firm’s major accomplishments; major projects?

Theft of trade secrets dispute with a manufacturer who built a very successful hardware product and generated millions in purchase orders using trade secrets developed by and stolen from my client, a smaller manufacturer;

Major breach of contract dispute with government contractor earning many millions of dollars from government contracts closed and products developed by my client without paying my client its contractual share of the revenues,

Structured and negotiated complex exclusive agreement between contractor and asset manager for a large portfolio of buildings in the city. We had to work out large back debts as well as pricing strategies on unknown long-term requirements for unique properties with highly diverse needs.

  • Where does Your firm operate-just NY or other areas?

Our clients typically have projects throughout the NY/NJ/CT/PA region and I serve as lead counsel in matters from all of those states.

  • What have been some of the unique traits of the firm?

My primary focus is on large payment disputes. I’ve been keeping companies profitable through strong contracts, smart negotiation and swift litigation (or arbitration) for almost 2 decades. My services include:

  1. Drafting and negotiating construction contracts,
  2. Filing and foreclosing mechanics liens,
  3. Suing on surety bonds,
  4. Collecting from property owners, managers and general contractors,
  5. Fighting fraudulent bankruptcy filings intended to hurt honest subs,
  6. Collecting against insurance policies when the insurance company refuses to pay legitimate claims,
  7. Holding former partners and employees accountable for stealing clients and abusing confidential information,
  8. Defending clients against unfair and wrongful lawsuits.
  • How has your firm been involved in the construction industry?

I’ve primarily been involved in the industry through my growing client base of companies working in construction and information technology. I serve on the Construction Law Committee of the NYC Bar Association, and the Construction Contractors and Real Estate Committee of the NYS Society of CPA’s.

Within the next few weeks, I will launching the largest construction education portal on the Internet, making available in one place every professional continuing education course in New York State related to the construction industry, as well as webinars by manufacturers, distributors, retailers, consultants and any other subject matter experts.

  • What are some challenges the firm has overcome?

The greatest challenge we have had to overcome, which is a challenge that all of us in this group need to deal with, is managing growth. Systems that worked yesterday no longer work when the firm doubles in size. The culture of the company changes and most importantly, we need to keep adding good people to the team. You can lose in 6 months a client list that took 20 years to build with slow, unresponsive or uninformed service.

I need to spend about half my week keeping the company highly organized and making sure we have the human resources we need to do the work, and the other half doing legal work. Once our systems become strained or our human resources run thin, we need to stop taking new cases until we finish pre-existing matters or upgrade our capabilities. So it’s a constant balance for my firm to remain high quality, as I’m sure it is for everyone else.

  • What does the firm think it’s legacy has been for the NY construction industry?

Without a doubt, my legacy has been helping small builders and subs to survive long enough to build up working capital and experience and become a larger, more successful subs, and in many cases, primes. The thing with construction is it’s a lot easier to get work then it is to get paid for that work. Contractors go out on their own, get good contracts from people they know, rack up debt to their subs and suppliers, and then get stiffed by the GC and become depressed and bankrupt.

The most satisfying part of my job is helping smaller contractors to draft and negotiate good contracts that give them grounds to get paid later on. When the non-payment begins, I am often able to use my knowledge and experience to get them paid on the job and give them the motivation and capability to take on more and bigger jobs. And as they grow, guess who grows with them and remains as their attorney…

  • Why did you join the Subcontractors Trade Association?

I’m seeking to build relationships with larger, more experienced subs to match the growth of my own practice, which now has fewer brand new subs and a growing number of more experienced contractors. I like the more challenging work that comes with more sophisticated industry players who understand their legal rights and the facts better, have interesting ideas and opportunities, and do more to protect themselves from the beginning. It’s also nice to do something positive every once and a while, such as working on mergers and acquisitions of other firms, rather than only getting involved when something blows up and everybody is under pressure.

I gladly offer no-cost consultations for STA members. I also gladly make introductions from my personal network so if you need a better accountant, insurance broker, code consultant, lender, etc. Or if you just want to know what your rights maybe in a certain situation, feel free to call me. If I can help, I will