David T. Meglino is a member in the firm’s Construction and Litigation Departments.

Experience

David T. Meglino represents clients in complex commercial matters, with a focus on construction law and general commercial litigation. His construction law practice involves representing construction companies and developers in a wide range of matters, including:

• Non-payment disputes
• Mechanic’s liens (both public and private)
• Defective/non-conforming work
• Delay claims
• Change order disputes
• Lien Law 3-A/trust fund claims
• Obtaining and litigating WBE/MBE certification
• Insurance claims

David’s general commercial practice involves business governance disputes, commercial landlord/tenant disputes, legal malpractice claims and breaches of non-compete/non-solicitation agreements.

He appears regularly in state and federal court, representing clients through to trial and appeal (including both jury and bench trials) as well as arbitration hearings. When a conflict arises, David counsels clients at all stages of a case, with the goal of avoiding costly litigation when possible. In cases where litigation is necessary, he is a trusted advocate who aggressively prosecutes and defends claims in all facets of litigation. David also acts as counsel for a not-for-profit construction industry group, counseling them on internal governance and legal compliance.

Representative Matters

Some of David’s representative construction matters include:

• Obtained judgment for a major steel supplier at arbitration before the American Arbitration Association for amounts due on a NYC Department of Transportation project. David located a contractual provision entitling the client to an even higher award than was initially sought and obtained dismissal of all of the prime contractor’s counterclaims.
• Successfully revived claims brought by a scaffolding company for breach of an exclusive distribution agreement (after those initial claims were dismissed by the contractor’s prior attorneys). David successfully identified a new theory and legal strategy to revive the claims and avoid the prejudicial effect of the prior dismissal.
• Won a preliminary injunction in New York Supreme Court, directing a general contractor to return equipment it had wrongfully confiscated in violation of the subcontract.
• Successfully defeated a prime contractor’s motion to dismiss contractor’s multi-million-dollar contract and change orders claims on a LaGuardia Airport project, facilitating a quick and favorable settlement for the contractor.
• Obtained judgment for a general contractor following a bench trial relating to amounts owed from the developer under the construction contract.
• Defended a contractor in federal court against claims that the contractor failed to make required benefits contributions to its laborers’ union under ERISA, negotiating a favorable settlement.
• Obtained summary judgment against a contractor’s general liability insurance company requiring the insurance company to defend and indemnify the contractor in a multi-million-dollar personal injury lawsuit.

Representative general litigation matters include:

• Successfully represented a company in defense of wrongful termination and breach-of-partnership agreement claims brought by a former partner and employee. David represented the company through discovery, summary judgment and at trial, at which time we were able to facilitate a highly favorable settlement for the company.
• Successfully obtained a temporary restraining order in NY Supreme Court prohibiting former company employees from soliciting our client’s customers and clients.
• Routinely represents shareholders and LLC members in inter-company disputes, including over access to books and records, and challenges to corporation/company transactions.
• Successfully represented the partner of a seafood distributor business at trial, who alleged corporate malfeasance at the hands of his former partner.
• Prosecuting legal malpractice claims on behalf of a client who alleged that his prior attorneys did not provide adequate representation in an underlying business litigation dispute.