Construction, Real Estate & Development

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Industry Involvement

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Overview

Construction, real estate, and development projects involve a complex process that begins long before ground is broken and continues well after completion. From early planning and through construction and long-term ownership, each phase presents legal, financial, and regulatory considerations that can shape the success of a project. Rupp Pfalzgraf represents developers, contractors, investors, buyers, sellers, and businesses involved in projects throughout New York State, providing comprehensive legal counsel informed by a deep understanding of the construction, real estate, and development industries.

Our attorneys advise clients throughout the full lifecycle of construction and development projects, from site acquisition and project financing through regulatory approvals and environmental review, construction, and the ownership, leasing, and management of commercial real estate. Because these matters often intersect, our attorneys work closely across practice areas to provide coordinated guidance that supports each phase of a project. Our multidisciplinary team brings together experience in construction law, commercial real estate, project development and land use, environmental planning, business law, labor and employment, and banking and finance.

In addition to advising on project-related matters, we represent the companies that operate within the construction, real estate, and development industries. Our team provides corporate and employment counsel that supports the day-to-day operations and long-term growth of these businesses. While we offer comprehensive transactional support, our attorneys are also experienced litigators, representing clients in state and federal courts in disputes involving payment and performance, real property matters, and land use, environmental, and administrative decisions.

With years of experience handling the full spectrum of construction, real estate, and development matters, our attorneys understand the regulatory environment, strict timelines, and operational demands that shape these projects. We approach each matter with careful attention to detail and a proactive mindset, helping clients navigate complexity and move projects and investments forward.

How We Support the Construction, Real Estate & Development Industry

  • Reviewing, drafting, and negotiating commercial leases
  • Representing buyers and sellers in commercial real estate transactions, including property development matters and 1031 tax-deferred exchanges
  • Advising lenders and borrowers on commercial real estate lending transactions
  • Assisting with refinancing construction and development projects
  • Advising clients on the acquisition, disposition, leasing, and financing of commercial and institutional properties.
  • Challenging real property tax assessments
  • Litigating real property disputes, including deed conflicts, boundary line disputes, and adverse possession and prescription
  • Drafting negotiating AIA, Consensus Docs, and custom construction management agreements, including structuring risk-transfer provisions, indemnification clauses, and payment protections
  • Filing and enforcing mechanic’s liens and prosecuting surety bond claims
  • Resolving payment and performance disputes on construction projects through mediation, arbitration, or litigation
  • Representing clients in bid disputes
  • Providing corporate counsel for construction, real estate, and development businesses, including entity formation, corporate contracts, regulatory compliance, mergers and acquisitions, asset purchases, operating and partnership agreements, and business succession planning
  • Comprehensive employment law counsel, including employment agreements, employee handbooks and policies, compliance audits, wage and hour requirements, and workplace training
  • Representing businesses in employment disputes and related litigation
  • Representing clients in Article 78 proceedings challenging adverse decisions by municipal, state, or federal agencies
  • Obtaining development approvals, including special use permits, use and area variances, rezoning, and site plan and subdivision approvals
  • Representing clients in contract and environmental litigation
  • Advising on brownfield redevelopment projects, including coordination with the NYSDEC and other government agencies to obtain necessary approvals and tax credits
  • Representing clients in land use cases before zoning boards in New York State, federal and state courts, N.Y.S. Department of Environmental Conservation, N.Y.S. Departments of Transportation, U.S. Environmental Protection Agency
  • Providing legal counsel for renewable energy development projects, including permit applications, regulatory compliance, and risk assessment
  • Conducting environmental due diligence for development and real estate transactions, including analyzing title and reviewing easements

Industry Involvement

  • Involvement in the Construction Financial Management Association (CFMA) and the Construction Exchange of Buffalo & Western New York, including board service and leadership roles
  • Participation in the Subcontractors Association of Western New York, including service as chapter attorney
  • Membership in the New York State Commercial Association of Realtors (NYSCAR), with our firm regularly supporting and attending NYSCAR events
  • Regular speaking engagements for industry organizations on topics including mechanics’ liens, succession planning, business valuation, and legal developments affecting the construction, real estate, and development industry
  • Articles authored by our attorneys have been published by numerous local organizations, discussing trends and legal issues affecting the industry
  • Received two Tier 1 Regional Rankings in Real Estate Law and Construction Law in the 2026 Edition of Best Law Firms®

Representative Matters

  • Led the Environmental Impact Statement and Entitlement Process for the development of the Buffalo Niagara Medical Campus, including the Gates Vascular Institute, Women and Children’s Hospital, Conventus Medical Office Building, HighPointe on Michigan Healthcare Facility, and two car parking garages servicing the campus.
  • Led a team on brownfield redevelopment of The Rails on Main, a former planting facility transformed into 312 apartments in the Buffalo University District. Work included coordinating contractors and working with regulatory agencies to facilitate this private development.
  • Led the Elmwood Crossing Project, which involved redeveloping the 8-acre site of the former Women and Children’s Hospital in Buffalo.
  • Advised institutional and commercial clients during major capital improvement and redevelopment projects.
  • Drafted construction management and architectural contracts for large-scale mixed-use developments.
  • Represented developers and contractors in multimillion-dollar delay, impact, and payment disputes.
  • Prosecuted and defended mechanic’s lien and surety bond claims under New York law.
  • Guided clients through bid protests and procurement challenges on public projects.

Relevant Practices

Construction Law

Real Estate

Project Development, Land Use & Energy

Business Law

Environmental Planning & Sustainability

Labor & Employment

Banking

Land Conservation

Team

Bargnesi-J

Jack Bargnesi

Jack

Bargnesi

Associate

Buffalo, NY

Batt-J

Jamie Batt

Jamie

Batt

Partner

Buffalo, NY

Burge-B

Benjamin Burge

Benjamin

Burge

Partner

Buffalo, NY

Cantil-J

Jonathan Cantil

Jonathan

Cantil

Partner

Buffalo, NY

Cercone-M

Marco Cercone

Marco

Cercone

Partner

Buffalo, NY

Cook-CJ

CJ Cook

CJ

Cook

Partner

Buffalo, NY
Bozeman, MT

Demarest-W

William Demarest III

William

Demarest III

Partner

Albany, NY

DiDone-K

Kyle DiDone

Kyle

DiDone

Partner

Buffalo, NY

Insights

Contact Us

Construction & Real Estate