James Lotito practices in the areas of construction law and commercial litigation. James represents real estate owners, developers, construction managers, general contractors, subcontractors, architects and engineers in disputes involving mechanic’s liens, delay claims, surety bond claims, change orders, property damage, differing site conditions, utility interference, defaults, terminations and design defects. James is also experienced in construction transactional matters which include the structuring, preparation and negotiation of general construction and construction management agreements, architectural and engineering agreements, construction access and license agreements, consulting agreements and subcontracts, as well as counseling clients through contract administration. In addition to representing construction-related entities, James has also represented various public and private companies and financial institutions in a broad array of commercial litigations involving deceptive trade practices, commercial lease defaults, restrictive covenants, negotiable instruments and commercial mortgage foreclosure. James has significant experience litigating domestic and international disputes in state and federal courts as well as arbitrations and mediations administered through the International Chamber of Commerce and American Arbitration Association.
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James is a member of the American Bar Association’s Forum on the Construction Industry and a member of the New York City Bar Association, having previously served on the Construction Law Committee.
Prior to joining Smith, Gambrell & Russell, James practiced with the Construction Groups of Duane Morris, LLP and Thelen LLP.
James received his B.S. from St. John’s University, cum laude, in 1995 and his J.D. from Brooklyn Law School in 1999. He is admitted to practice in New York and New Jersey as well as the U.S. District Courts for the Eastern and Southern Districts of New York.
James has been actively involved in the City Bar Justice Center’s Neighborhood Entrepreneur Law Project where he has volunteered his time to counseling individuals on the legal issues affecting start-up businesses.
Ongoing representation of Los Angeles based Developer in connection with the construction and conversion of a warehouse to luxury residential condominium in Brooklyn, NY. In connection with the representation, I structured and negotiated the Construction Management Agreement and continue to provide construction administration counseling with regard to various contractual issues.
Ongoing representation of General Contractor in connection with the drafting and negotiation of a $40M construction contract for a multi-building affordable housing project in Bronx, NY
Represented Developer in connection with Guaranteed Maximum Price Construction Management Agreement for new multi-building condominium project in Harlem, NY
Represented Developer in connection with $20M construction contract for affordable housing project in Bronx, NY
Acted as outside construction counsel to not-for-profit social services organization in connection with all aspects of its construction of a new charter school in Bronx, NY
Represent media and technology company in connection with the drafting and negotiation of construction contract for interior fit-out of multiple floors at the World Trade Center