The fourth edition of the treatise Commercial Litigation in New York State Courts, published in 2015, includes an updated chapter titled “Construction Dispute Resolution.” The chapter has been authored through four editions (plus annual updates) by Schiff Hardin partners Sayward “Woody” Mazur and Gary L. Rubin, since the first edition of the treatise was published in 1995. Their chapter has become a definitive guide for New York construction law attorneys, and judges frequently consult the chapter in writing their opinions.
Originally published to commemorate the creation of the Commercial Division of New York State Supreme Court, the eight-volume treatise has become a vital resource for lawyers engaged in commercial litigation in New York. In compiling the first edition, editor Robert L. Haig invited many of New York’s top commercial litigators to write chapters corresponding to their fields of expertise. For the construction law chapter he turned to Mazur and Rubin, and he has enlisted their help for each subsequent edition.
“Once again, we are honored to contribute to such an important treatise, which we use nearly every day in our own practice,” said Rubin. “We are humbled to join a list of authors that includes some of the state’s finest litigators.”
The title of the chapter in previous editions (“Construction Litigation”) has been changed to “Construction Dispute Resolution” in order to reflect the evolution of construction dispute resolution from a litigation focus to include alternative dispute resolution. The chapter contains a detailed narrative treatment of every aspect of construction dispute resolution, from procedural rules to substantive law to strategic considerations, supported by hundreds of citations representing a contemporary compendium of key case law.
“The first thing I do when I have a new case is pull the book off the shelf,” said Rubin, whose copy is marked with post-its, annotations, and dog-eared pages. “Ask any other commercial litigator in New York, and they’ll probably tell you the same thing.”
Commercial Litigation in New York State Courts is published by a joint venture of Thomson Reuters and the New York County Lawyers’ Association. Notably, all royalties earned by Mazur, Rubin and the other authors over many years, have been donated to the Association, one of the foremost public advocacy bar associations in the nation.