Robert J. Fryman

Partner

Uniondale, NY

With over 20 years of experience, Rob’s commercial litigation and transactional practice focuses on construction and surety law, representing owners, developers, general contractors, specialty trade subcontractors, design professionals and sureties in all aspects from contract negotiations and development through construction administration, claims, disputes and litigation.

Rob has successfully litigated matters in state and federal courts, at trials and on appeals, in public and private improvement construction projects, claims and disputes, performance and payment bond disputes, completion/takeover agreements and indemnity/salvage actions. Rob’s transactional experience includes commercial and residential development contract preparation, review, negotiation and counseling of clients in contract performance and administration matters, aided by the unique perspective of having successfully litigated and resolved claims and disputes arising in these types of matters.

Rob’s broad experience and depth of knowledge of the construction, development and surety industries enable him to guide his clients through the negotiation and resolution of disputes and claims between owners, construction managers, contractors, subcontractors, sureties, obligees and indemnitors and in successfully representing clients before administrative tribunals and in alternative dispute resolution proceedings. Rob’s emphasis in all client matters is the successful, efficient and cost-effective representation of his clients in the attainment of their business and personal goals.

Rob received his Juris Doctorate from the Hofstra University School of Law in 1990, where he was an editor and contributing author for the Hofstra Property Law Journal. Prior to joining WSKSA, Rob was associated with Goldberg & Connolly and L’Abbate Balkan Colavita & Contini, LLP, two prominent firms representing various aspects of the construction and development industries.

Robert J. Fryman

Representative cases

  • Mometal Structures, Inc. v. T.A. Ahern Contractors Corp. and Safeco Insurance Company of America, United States District Court, Eastern District of New York (2013) – Successfully defended a general contractor and its surety against a subcontractor’s claim of wrongful termination and for payment under a labor and material payment bond and successfully prosecuted the general contractor’s breach of contract counterclaim to judgment.
  • T.A. Ahern Contractors Corp. v. The Dormitory Authority of the State of New York, Supreme Court of the State of New York State, New York County (2012) – Successfully litigated and resolved a multi-million dollar complex delay and impact claim and defended against the imposition of alleged liquidated damages by the public owner.
  • Sorbara Construction Corp. v. Leon D. DeMatteis Construction Corp., Supreme Court of the State of New York, Nassau County (2012) – Obtained summary judgment in favor of general contractor client on a multi-million dollar counterclaim against subcontractor for breach of contract involving delays caused to construction project by the collapse of subcontractor’s tower crane.
  • Nycon Supply Corp. v. Great American Construction Corp., Maxx Construction, Inc. and Amazon Construction, Supreme Court of the State of New York, Kings County (2009) - Successfully defended a concrete and foundation subcontractor and successfully prosecuted a cross-claim against the site work contractor to judgment.
  • National Union Fire Ins. Co. of Pittsburgh, PA v. Cox Mechanical Contracting, Inc., Ulico Casualty Co. and WDF, Inc., Supreme Court of the State of New York, Queens County (2008) - Successfully represented a completing surety on a large New York City Transit Authority East River subway tunnel project in recouping its costs for completing the project.
  • God's Battalion of Prayer Pentecostal Church, Inc. v. Miele Associates, LLP, 10 A.D.3d 671, 781 N.Y.S.2d 785, 2003 WL 23784459 (Appellate Division, 2d Dep’t 2004) – Successfully represented an architect securing dismissal of a lawsuit based on the existence of an arbitration provision contained in a contract prepared, but never signed by the parties. This trial level decision was appealed to, and upheld by, the New York State Appellate Division – Second Department and the New York State Court of Appeals.

Robert J. Fryman

Publications

  • Author and Presenter: “NAVIGATING THE NOTICE MINEFIELD: PRESERVING CONSTRUCTION CLAIMS”, National Bonds Claims Association, 2010 Winter Meeting
  • Author and Presenter: “What to do When Construction Projects Go Bad in New York”, Lorman Education Services, 2006
  • A Primer on Construction Contract Warranties, JOURNAL OF CONSTRUCTION ACCOUNTING, TAXATION AND FINANCE, Col. 7, No. 2, Summer 1997
  • Deferred Mortgage Recording: Weighing the Risks and Benefits, HOFSTRA PROPERTY LAW JOURNAL, Vol. 2, Spring 1989

Robert J. Fryman

Representative projects

  • The Plaza Hotel, 768 Fifth Avenue, New York, New York
  • Rehabilitation of Fan Plants, Clark Street 14th Street Tunnel, “A” and “B” Divisions (IRT and BMT), Manhattan and Brooklyn, New York
  • The Azure Tower, 333 East 91st Street, New York, New York
  • Metropolitan Detention Center, Brooklyn, New York
  • Long Island Railroad Power Distribution Center, New York
  • Jacobi Medical Center, Bronx, New York
  • 426 West 58th Street, New York, New York
  • PS 276, New York, New York
  • Bellevue Medical Center, New York, New York
  • New Utrecht High School, New York, New York
  • 605 Hudson Street, New York, New York
  • Pilgrim Psychiatric Hospital, Brentwood, New York
  • 303 East 51st Street, New York, New York
  • Samuel Gompers High School, New York, New York
  • PS 102Q, Queens, New York
Robert J. Fryman

Professional Memberships

  • New York State Bar Association
  • American Bar Association, TIPS


Practice Areas

  • Construction and surety law
  • Construction and real estate development transactional law
  • Construction claims and litigation
  • Commercial transactions and litigation
  • General business law
  • Real estate and commercial finance

Bar Admissions

  • New York, 1990
  • U.S. District Court, District of New Jersey, 1990
  • U.S. District Court, Southern District of New York, 1994
  • U.S. District Court, Eastern District of New York, 1994
  • U.S. Court of Appeals, 2nd Circuit, 2012

Education

  • J.D., Hofstra University School of Law, Hempstead, New York, 1990
    • Editor, Property Law Journal
  • B.A., Hofstra University, 1987