Insight

Adam Leitman Bailey, P.C. Saves and Secures Life-Saving Facility While Stopping Work on Development Project

Adam Leitman Bailey, P.C. Saves and Secures Life-Saving Facility While Stopping Work on Development Project

Joanna Peck

Joanna Peck

July 21, 2021 04:08 PM

In New York City, some buildings are sacrosanct. They may not be good-looking or special from the outside but what they do on the inside helps save lives. When Adam Leitman Bailey, P.C. attorneys received the emergency call and ran to this building, upon arriving they were shuffled into an office and briefed on the importance of their mission. The attorneys had to secure and eventually save the building, which cannot be named due to the secrecy of the assignment, in order to allow these workers to continue their life-saving functions.

Next door to the building, a large developer had been in the process of building large residential towers along with a shopping center. Being so massive, the construction had caused cracks in a Fortune 500 company’s building, Adam Leitman Bailey, P.C.’s client. The firm analyzed the cracks and their depth in the walls and how far-reaching the building was affected. The firm had to make a decision on whether the workers needed to be moved while getting the proper experts to secure the building’s structure.

Previously, the firm’s client had entered into a license agreement with the developer for temporary protections required under the New York City Buildings Code for the developer’s massive construction project. Notwithstanding the plain letter of the agreement and the requirements under the Building Code, the developer decided to wholly ignore its obligations to protect the Fortune 500 company’s building, and proceed.

As soon as Adam Leitman Bailey, P.C. fortified the building, it made moves to immediately halt the developer’s work so that the damage to its building could be thoroughly assessed, and quantified, and that proper protection measures could be instituted at the building to ensure that the risk of future building movement and damage could be mitigated.

Working collaboratively with representatives of the Fortune 500 company, its engineers, and Adam Leitman Bailey, P.C.’s select expert team of structural engineers, geotechnical engineers, and architects, Adam Leitman Bailey, P.C. immediately inspected the entire building inside and out to determine and document the totality of the damage, including the structural damage and the severe cracking to the building.

Simultaneously, Adam Leitman Bailey, P.C. reviewed the license agreement and identified numerous breaches by the developer of the agreement. Adam Leitman Bailey, P.C. notified the developer of its patent breach of the license agreement, and the damage caused by its negligence, and demanded that the developer immediately cease and desist all excavation and construction activities at the site until the building was deemed structurally safe and stabilized.

In addition, Adam Leitman Bailey, P.C. notified the New York City Department of Buildings, including directly contacting the Commissioner for the Department of Buildings, of the developer’s negligent conduct and numerous violations of the building code, and the dangerous conditions, including life and safety, created as a result of same. In support of these communications, Adam Leitman Bailey, P.C. provided the Department of Buildings with comprehensive reports from its engineers and architects, which extensively detailed the developer’s repeated failure to comply with even minimal standards of the building code to protect its adjacent neighbor.

Based on Adam Leitman Bailey, P.C.’s efforts, the Department of Buildings promptly inspected the developer’s construction site, and immediately issued a stop work order to the developer relating to any excavation and construction activities near or around the Fortune 500 company’s building. In addition, as a result of Adam Leitman Bailey, P.C.’s efforts, the Department of Buildings flagged the developer’s project for an audit, thereby putting the developer, its project, and its plans and means and methods, under detailed scrutiny.

After bringing the chaotic conditions created by the developer’s conduct to status quo, working with representatives of the Fortune 500 company, Adam Leitman Bailey, P.C., and its expert team of engineers and architects, instituted monitoring devices and protocol to measure any further movement of the building. These geochemical monitoring devices provided the Fortune 500 company with critical information regarding whether or not the developer’s prior excavation and foundation work was causing any further movement of the building.

Once the monitoring devices were installed, Adam Leitman Bailey, P.C. and its team collaborated to identify how the building could be structurally stabilized to mitigate any further movement and damage. To accomplish this, representatives from the Fortune 500 company, and Adam Leitman Bailey, P.C., and its team of engineers and architects, met with the developer to assess the status of the construction project, and what future activities would adversely impact the building. Adam Leitman Bailey, P.C.’s experts also instituted soil stabilization mechanisms for the building.

As a result of such efforts, the Fortune 500 company’s building was stabilized and saved of future damage and rendered safe. The new protocols put in place had made it possible for our client to continue its important work and eventually the development got back to building once it learned to follow the city’s building rules.

This was one of those projects where Adam Leitman Bailey, P.C. attorneys were able to go home and tell their children that real estate attorneys do protect lives and can act like superheroes—at least for one case.

Adam Leitman Bailey, Joanna C. Peck, and Rachel Sigmund McGinley represented the property owner in securing and saving the building and requiring the adjacent developer to stop working until all protocols were in place.

Related Articles

Maximizing Your Investment in Real Estate Development with Legal Expertise


by Best Lawyers

Best Lawyers evaluates the various types of real estate development projects and why hiring legal expertise could maximize the outcome of your investment.

Wooden house cut outs in a shopping cart with a blue backdrop

How Real Estate Transactions in the Residential Sector Work


by Best Lawyers

Discover how real estate transactions in the residential sector work with this guide. Learn about the stages, parties involved and legal requirements.

Man looking at houses on computer

House Trap


by Heidi E. Storz

Special districts are often being used as profit centers that leave residents to foot the bill. These homeowners deserve protection from unscrupulous developers who attempt to fleece them and avoid accountability.

Special Districts Changing Property Ownership

Announcing the 2022 Best Lawyers: Real Estate and Infrastructure Publication


by Best Lawyers

Featuring the top legal talent from The Best Lawyers in America, Best Lawyers: Ones to Watch in America and "Lawyer of the Year" recipients for real estate and infrastructure as well as thought leadership from some of the nation's top lawyers.

Real Estate and Infrastructure Publication

Choosing a Title Company: What a Seller Should Expect


by Roy D. Oppenheim

When it comes to choosing a title company, how much power exactly does a seller have?

Choosing the Title Company As Seller

Is New Always Better?


by Janice Zhou

The rapid rise of gentrification in major cities leaves residents wondering.

Road facing bridge at sunset

Gimme Shelter


by Janice Zhou

Being able to afford housing in Boston, and other desirable cities like it, is increasingly out of reach for too many. What can be done, legally and politically, to combat the problem?

Housing Shortage in Boston

Great Rebuild


by Best Lawyers

Néstor Méndez discusses labor peace, junk-bond repercussions, and the laudable resilience of those who call this storm-battered island home.

An Interview With Pietrantoni Méndez & Alvare

WATCH: Best Lawyers Discusses COVID-19 & Rental Agreements


by Best Lawyers

Three legal experts join the CEO of Best Lawyers to talk about a general approach to “the rental” market and what happens if tenants can’t pay rent in May.

COVID-19 Panel: Rental Agreements

Impact of Climate Change on Real Estate Law


by Best Lawyers

Dr. Christian Schede discusses rent in large cities, the effect of Airbnb, and more.

An Interview With Greenberg Traurig

Property Rights...and Wrongs


by Chad Cooper and Steven S. Kaufman

Winning a legal battle often boils down to finding and targeting the weakest part of an opponent’s case. Four recent real estate disputes in northeast Ohio are good examples.

Strategies for Real Estate Litigation

Trending Articles

Presenting The Best Lawyers in Australia™ 2025


by Best Lawyers

Best Lawyers is proud to present The Best Lawyers in Australia for 2025, marking the 17th consecutive year of Best Lawyers awards in Australia.

Australia flag over outline of country

Legal Distinction on Display: 15th Edition of The Best Lawyers in France™


by Best Lawyers

The industry’s best lawyers and firms working in France are revealed in the newly released, comprehensive the 15th Edition of The Best Lawyers in France™.

French flag in front of country's outline

How To Find A Pro Bono Lawyer


by Best Lawyers

Best Lawyers dives into the vital role pro bono lawyers play in ensuring access to justice for all and the transformative impact they have on communities.

Hands joined around a table with phone, paper, pen and glasses

How Palworld Is Testing the Limits of Nintendo’s Legal Power


by Gregory Sirico

Many are calling the new game Palworld “Pokémon GO with guns,” noting the games striking similarities. Experts speculate how Nintendo could take legal action.

Animated figures with guns stand on top of creatures

Announcing The Best Lawyers in New Zealand™ 2025 Awards


by Best Lawyers

Best Lawyers is announcing the 16th edition of The Best Lawyers in New Zealand for 2025, including individual Best Lawyers and "Lawyer of the Year" awards.

New Zealand flag over image of country outline

Announcing the 13th Edition of Best Lawyers Rankings in the United Kingdom


by Best Lawyers

Best Lawyers is proud to announce the newest edition of legal rankings in the United Kingdom, marking the 13th consecutive edition of awards in the country.

British flag in front of country's outline

Announcing The Best Lawyers in Japan™ 2025


by Best Lawyers

For a milestone 15th edition, Best Lawyers is proud to announce The Best Lawyers in Japan.

Japan flag over outline of country

The Best Lawyers in Singapore™ 2025 Edition


by Best Lawyers

For 2025, Best Lawyers presents the most esteemed awards for lawyers and law firms in Singapore.

Singapore flag over outline of country

Announcing the 16th Edition of the Best Lawyers in Germany Rankings


by Best Lawyers

Best Lawyers announces the 16th edition of The Best Lawyers in Germany™, featuring a unique set of rankings that highlights Germany's top legal talent.

German flag in front of country's outline

How Much Is a Lawyer Consultation Fee?


by Best Lawyers

Best Lawyers breaks down the key differences between consultation and retainer fees when hiring an attorney, a crucial first step in the legal process.

Client consulting with lawyer wearing a suit

Celebrating Excellence in Law: 11th Edition of Best Lawyers in Italy™


by Best Lawyers

Best Lawyers announces the 11th edition of The Best Lawyers in Italy™, which features an elite list of awards showcasing Italy's current legal talent.

Italian flag in front of country's outline

Presenting the 2024 Best Lawyers Employment and Workers’ Compensation Legal Guide


by Best Lawyers

The 2024 Best Lawyers Employment and Workers' Compensation Legal Guide provides exclusive access to all Best Lawyers awards in related practice areas. Read below and explore the legal guide.

Illustration of several men and women in shades of orange and teal

Things to Do Before a Car Accident Happens to You


by Ellie Shaffer

In a car accident, certain things are beyond the point of no return, while some are well within an individual's control. Here's how to stay legally prepared.

Car dashcam recording street ahead

Combating Nuclear Verdicts: Empirically Supported Strategies to Deflate the Effects of Anchoring Bias


by Sloan L. Abernathy

Sometimes a verdict can be the difference between amicability and nuclear level developments. But what is anchoring bias and how can strategy combat this?

Lawyer speaking in courtroom with crowd and judge in the foreground

The Push and Pitfalls of New York’s Attempt to Expand Wrongful Death Recovery


by Elizabeth M. Midgley and V. Christopher Potenza

The New York State Legislature recently went about updating certain wrongful death provisions and how they can be carried out in the future. Here's the latest.

Red tape blocking off a section of street

Attacked From All Sides: What Is Happening in the World of Restrictive Covenants?


by Christine Bestor Townsend

One employment lawyer explains how companies can navigate challenges of federal and state governmental scrutiny on restrictive covenant agreements.

Illustration of two men pulling on string with blue door between them