Robert J. Fryman is a Partner of the firm and serves as Chair of its Construction Law Practice Group. With over 25 years of commercial litigation and transactional experience, Mr. Fryman’s practice focuses on construction and surety law, representing owners, developers, general contractors, specialty trade subcontractors, design professionals and sureties in matters ranging from project development and contract negotiation through construction administration, claims, disputes and litigation.

Mr. Fryman has successfully litigated matters in state and federal courts regarding public and private improvement construction projects, claims and disputes, performance and payment bond disputes, completion and takeover agreements and indemnity/salvage actions.  Mr. Fryman’s transactional practice includes commercial and residential development contract preparation, review, negotiation and counseling of clients in contract performance and administration matters, aided by his experience in having successfully litigated or resolved claims and disputes arising in these types of matters.

Mr. Fryman’s broad experience and depth of knowledge of the construction, development and surety industries provides a unique and highly effective perspective, enabling him to guide his clients through the negotiation of contracts and transactions, the resolution of disputes and claims between owners, construction managers, contractors, subcontractors, sureties, obligees and indemnitors and to successfully represent his clients before trial and appellate courts, administrative tribunals and in arbitration and mediation proceedings.

Mr. Fryman’s emphasis in all matters is the successful, efficient and cost-effective representation of his clients in the attainment of their business and personal goals.

Education

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

Admissions

Mr. Fryman is admitted to practice in New York as well as before the United States Court of Appeals for the Second Circuit, the United States District Courts for the Southern and Eastern Districts of New York, and the United States District Court of New Jersey.

Affiliations

Mr. Fryman is a member of the New York State Bar Association and the Tort Trial and Insurance Practice Section of the American Bar Association. Mr. Fryman also serves as the Co-Chair of the Nassau County Bar Association Construction Law Committee.

Recognitions

2023-New York Super Lawyers®
2022-New York Super Lawyers®
2021-New York Super Lawyers®
2020-New York Super Lawyers®
2019-New York Super Lawyers®

Representative Cases

M.B. Din Construction Inc. v.  Delta Iron & Construction, Inc. et al, Supreme Court of the State of New York State, Kings County (2016) – Successfully defended payment and performance bond surety and obtained dismissal at trial of subcontractor’s payment bond claim on a multi-million dollar public improvement completion project.

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.

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

Presentations & Publications

Author: “Contractor Prevails Against Owner in Arbitration Successfully Arguing Modification of the Contract Based Upon the Parties’ Course of Conduct,” MH&H Alert, June 2024

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

Author, “A Primer on Construction Contract Warranties,” Journal of Construction Accounting, Taxation & Finance, Col. 7, No. 2, Summer 1997

Author, “Deferred Mortgage Recording: Weighing the Risks and Benefits,” Hofstra Property Law Journal, Vol. 2, Spring