Overview

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 four 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.
  • Credentials

    Education

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

    Bar Admissions

    • New York
    • U.S. Supreme Court
    • U.S. District Court for the Eastern District of New York
    • U.S. District Court for the Southern District of New York

        Professional Memberships

        • American Bar Association
        • New York Building Congress
        • New York City Bar Association
        • New York State Bar Association

        Professional Certifications

        • Arbitrator, American Arbitration Association (Construction Industry Arbitration Panel)
      • Insights

        TITLE
        News Release

        Chambers USA 2019 Ranks 23 Attorneys, Four Practice Areas

        Schiff Hardin is pleased to announce that four practice areas and 23 attorneys have been recognized in the 2019 edition of Chambers USA, a leading legal industry ranking.

        News Release

        Thirteen Attorneys Named New York Metro Super Lawyers and Rising Stars

        Schiff Hardin LLP is pleased to announce that 11 attorneys have been recognized on the 2018 New York Metro Super Lawyers list and two have been named Rising Stars.

        News Release

        61 Schiff Attorneys Named to 2019 Best Lawyers in America List and Six Recognized as “Lawyer of the Year”

        Schiff Hardin is pleased to announce that 61 attorneys have been included in the 2019 edition of The Best Lawyers in America, as well as six who were named a “Lawyer of the Year” in their respective areas of practice.

        News Release

        Chambers USA 2018 Recognizes Four Practice Areas and 22 Attorneys

        Schiff Hardin is pleased to announce that four practice areas and 22 attorneys have been recognized in the 2018 edition of Chambers USA, a leading legal industry ranking.

        News Release

        Schiff Hardin Attorneys Named 2017 New York Metro Super Lawyers and Rising Stars

        Thirteen Schiff Hardin attorneys have been named 2017 New York Metro Super Lawyers and two have been named Rising Stars.

        News Release

        Schiff Hardin Lawyers Named to 2018 The Best Lawyers in America

        Schiff Hardin is pleased to announce that five attorneys have been named a “Lawyer of the Year” in the 2018 edition of The Best Lawyers in America©.

        News Release

        Chambers USA 2017 Recognizes 20 Schiff Hardin Attorneys and 4 Practice Areas

        Schiff Hardin is pleased to announce that 20 attorneys and four practice areas were recognized in the 2017 edition of Chambers USA, a leading legal industry ranking.

        Alert

        City of New York Confirms Willingness to Pay Delay Damages

        On March 17, 2017, the City of New York issued important revisions to its standard construction contract—including changes to the City’s much-litigated contract provisions on whether contractors will be entitled to recover damages for project delay.

        News Release

        Fourteen Schiff Hardin Lawyers Named to 2016 New York Metro Super Lawyers, Rising Stars Lists

        The Super Lawyers selection methodology includes a statewide nomination process, peer review by practice area, and independent research on candidates.

        Other Publications

        • "Construction Dispute Resolution," (co-author) Commercial Litigation in New York State Courts, Fourth Ed., Chapter 121 (2015)
        • "Construction Litigation," (co-author) Commercial Litigation in New York State Courts, Third Ed., Chapter 104 (2010)
        • 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)
        • "Construction Litigation," (co-author) Commercial Litigation in New York State Courts, Second Ed., Chapter 86 (2005)
        • "Construction Litigation," (co-author) Commercial Litigation in New York State Courts, First Ed., Chapter 65 (1995)

        Speeches & Presentations

        • “Awards and Enforcement,” Anatomy of a Construction Arbitration Conference (Sep. 12, 2016)
        • “Deadly Explosion in East Harlem,” on BronxNet TV’s “Today’s Verdict” (Mar. 25, 2014)
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      Rubin, Mazur write construction chapter in seminal NY treatise

      Schiff Hardin partners Sayward "Woody" Mazur and Gary L. Rubin have again authored "Construction Dispute Resolution" in the fourth edition of Commercial Litigation in New York State Courts. Published since the treatise's first edition in 1995, their chapter has become a definitive construction law guide for New York attorneys and judges alike. MORE