Andrew L. Richards

Andrew L. Richards has more than 30 years of experience in construction and surety law, commercial litigation, and errors and omissions defense for architects and engineers. With respect to construction law litigation, he represents property owners, developers, general contractors, construction managers, trade/subcontractors, architects, engineers, material suppliers and surety companies. His experience encompasses both private construction and public improvement projects. Andrew also drafts and negotiates construction contracts, and renders advice to clients during a project to avoid post project litigation. His broad commercial litigation experience includes shareholder disputes, employment disputes, fraud claims, real estate disputes, discrimination claims and finders’ fee claims.

Awards

Recognition

•Who’s Who in Corporate Law, Long Island Business News (June 2011)
•Super Lawyers

Publications

•Notices of Claim on NYCHA Projects, STA Legal Log, by Andrew Richards, Esq., March 2022
•Contractual Limitations Periods, STA Legal Log, by Andrew Richards, Esq., 2-2022
•Preserving Claims Under Section 137(3) of the State Finance Law, author Andrew Richards, Esq., STA Legal Log, January 2022
•Owners Win and Contractors Lose: Delay Claims in the First Department, article by Andrew Richards, New York Real Estate Journal
•The Dotted Line: Supply chain woes lead to possible breach, defect claims, Construction Dive, quoted Andrew Richards
•Does an Employer or Employee Pay for COVID Testing When An Owner or Prime Contractor Requires Testing for a Field Worker to Work On Site, authors Andrew Richards and Matthew Cohen, STA Legal Log, October 2021
•Richards of KDV Named General Counsel for STA board, New York Real Estate Journal Daily Newsletter, October 5, 2021
•Pros and cons of an architect as initial decision maker in AIA contracts, article by Andrew Richards, New York Real Estate Journal, September 2021
•Pros and Cons of an Architect as Initial Decision Maker in AIA Contracts, Sept. 9, 2021, NY Real Estate Journal, by Andrew Richards
•KDV’s Construction Practice Chair Andrew Richards Named General Counsel of Subcontractors Trade Association
•You May Have a Great Case But You Have To Prove It, NYREJ
•No Damage for Delay Clauses as Interpreted by The Appellate Division, First Department, NYREJ
•Real property transfers prior to filing a mechanic’s lien and a contractor’s recourse under the lien law, NYREJ
•Construction trade unions take different approaches to keeping workers safe during pandemic, ConstructionDive, ft. Andrew Richards
•KDV Alert - Prevailing Wage Now Applicable to Private Construction
•NEW YORK STATE UPDATE: ESD Narrows Construction Exemption from Workforce Reduction Order
•New York State Update: COVID-19 Guidance for Construction
•Tutor Perini lands $31M in change orders for San Francisco subway project, ConstructionDive, ft. Andrew Richards
•Contract and bid rescission: Be careful when submitting bids and exercise due diligence, NYREJ
•Arbitration versus Litigation in Construction Contracts: Considerations to Take into Account, NYREJ
•First and Second Departments Differ on Issue of Workers Injured While on Break or Entering/Exiting a Construction Site, New York Law Journal
•KDV Alert: Court Issues Decision With Severe Implications For Delay Damage Pleading
•The Importance of Termination Provisions in a Construction Contract, NYREJ
•NY Gov. Vetoes ‘Game-Changing’ Construction Bill, Law360, ft. Andrew Richards
•New York State Governor Cuomo Vetoes “Game-Changing” Delay Damages Construction Bill
•Owner’s due diligence on contractor’s insurance coverage shouldn’t end at the project’s completion, NYREJ
•Preserving Claims Made Against Performance Bonds on Construction Projects, NYREJ
•NY Construction Industry Watching ‘Game-Changing’ Bill, Law360, ft. Andrew Richards
•New York State Delay Damages Bill (A.7945-A) Passed the Senate on June 14th, 2018
•Considerations In Deciding To Include Arbitration Provisions In Your Construction Contracts, NYREJ
•Consequential and liquidated damages: What is the difference between them?
•The Dotted Line: 4 reasons why construction companies should let an attorney review contracts, ConstructionDive, ft. Andrew Richards
•How contractors can navigate local hiring requirements, ConstructionDive, ft. Andrew Richards
•The Dotted Line: How force majeure contract clauses can plan for the unexpected, ConstructionDive, ft. Andrew Richards
•New York declares no additional insured coverage unless the insured proximately caused the injury/damage, NYREJ
•How will Trump’s ‘Buy American, Hire American’ executive order impact construction? Construction Dive ft. Andrew Richards
•How owners and developers can ensure a strict enforcement of lien waivers, NYREJ
•Costs and the Skilled Labor Shortage in the Post-Recession Construction Climate, New York Real Estate Journal
•The State of the Arbitration Provision of the Prompt Payment Act (PPA), NYREJ
•Housing Market Discrimination: Analysis of impact case and its effect on builders/developers, NYREG, by Andrew Richards and Megan Yllanes
•The Coming Crackdown: Why Penalties for Construction Owners Are On the Rise, Construction DIVE, ft. Andrew Richards
•Proper Protection, Construction Today, ft. Andrew Richards
•A developers closing down of a failed construction project can lead to severe consequences, New York Real Estate Journal
•Delays in selling units could have dire legal consequences on a condominium’s sponsor, New York Real Estate Journal
•Protect against the risks of horizontal exhaustion: Being an additional insured is no longer enough, New York Real Estate Journal
•The rise of the performance bond on a private project - Reevaluating whether it is a sound decision, New York Real Estate Journal

News

•Preserving Claims Under Section 137(3) of the State Finance Law, author Andrew Richards, Esq., STA Legal Log, January 2022
•Owners Win and Contractors Lose: Delay Claims in the First Department, article by Andrew Richards, New York Real Estate Journal
•The Dotted Line: Supply chain woes lead to possible breach, defect claims, Construction Dive, quoted Andrew Richards
•Pros and cons of an architect as initial decision maker in AIA contracts, article by Andrew Richards, New York Real Estate Journal, September 2021
•KDV’s Construction Practice Chair Andrew Richards Named General Counsel of Subcontractors Trade Association
•You May Have a Great Case But You Have To Prove It, NYREJ
•No Damage for Delay Clauses as Interpreted by The Appellate Division, First Department, NYREJ
•Real property transfers prior to filing a mechanic’s lien and a contractor’s recourse under the lien law, NYREJ
•Construction trade unions take different approaches to keeping workers safe during pandemic, ConstructionDive, ft. Andrew Richards
•KDV Alert - Prevailing Wage Now Applicable to Private Construction
•NEW YORK STATE UPDATE: ESD Narrows Construction Exemption from Workforce Reduction Order
•New York State Update: COVID-19 Guidance for Construction
•New York State Delay Damages Bill (A.7945-A) Passed the Senate on June 14th, 2018
•KDV Alert: New Law Signed by Governor Cuomo Benefits Contractors Seeking Payment from New York City School Construction Authority
•KDV Alert: Public Authority Law Reform (SCA) Assembly Bill 5443 Vetoed by Governor Cuomo

Speaking Engagements

•Building Better Together: A Design Professional and Subcontractor Roundtable, Subcontractors Trade Association, March 17, 2022
•The Impact of COVID-19 on Construction Law, LIREG, April 15, 2020: The Impact of COVID-19 on Construction Law
•“Cyber Security: Risks and Strategies” CFMA Seminar with Andrew Richards & Marc Voses: Cyber Security: Risks and Strategies
•Long Island Chapter of the Construction Financial Management Association - Joint Venture Entity Structure Roundtable: Joint Venture Entity Structure Roundtable Legal, Tax, Surety and Insurance Issues
•Construction Financial Management Association Breakfast Panel: New York State Labor Laws 240/241
•Panel Discussion FLSA, Construction Financial Management Association, Keith Gutstein, Presenter: Fair Labor Standards Act
•STA General Membership Meeting - Andrew Richards, Presenter: The Construction Contractors Act