Martha Connolly

Martha A. Connolly

PARTNER

Practice Areas:

  • Construction Law
  • Contract Risk Management
  • Alternative Dispute Resolution
  • Arbitration and Mediation
  • Surety Law

Education:

  • Albany Law School of Union University, J.D. 1989
  • University of Rochester, B.A. 1985

Martha A. Connolly, Partner, has devoted her 30-plus year legal career to the construction industry and the representation of contractors, subcontractors and construction managers.  After years of construction and commercial litigation experience, Martha’s practice now focuses on contract drafting and negotiation, risk management and project counseling.   She regularly drafts and negotiates complex construction agreements for her clients, believing that establishing the right terms up front helps to avoid future disputes, claims and litigation.

Martha also counsels clients with respect to ongoing construction projects, including interpretation and application of project contract terms, and successful preservation of claim rights.

Martha represents contractors on both public and private projects across the United States, including numerous power plants, natural gas pipelines and compressor stations, waste water treatment facilities, airports, and industrial facilities. Her legal and practical knowledge of the construction industry, its varied participants and competing interests, makes Martha’s sought-after analysis and advice invaluable to the long-term success of projects and their builders.

Notable litigated cases for Martha include the representation of an electrical contractor seeking recovery from a general contractor for damage to its work on a public project; a significant recovery for a general contractor wrongfully terminated on a private project; and a successful negotiation with a public owner eliminating substantial liquidated damages against a contractor-client in relation to the late completion of an airport project.

Martha also lectures on a variety of construction topics, and has authored or co-authored articles and book chapters on subjects relating to the construction industry.

Court Admissions:

  • Connecticut
  • New York
  • U.S. District Court, Northern, Southern, Eastern and Western Districts of New York

Publications:

  • “A Comparison of ConsensusDocs 210: Standard Agreement and General Conditions Between Owner and Constructor for a Public Works Project to ConsensusDocs 200: Standard Agreement and General Conditions Between Owner and Constructor,” Chapter 15, ConsensusDocs Contract Documents Handbook, Aspen Publishers, 2018 Cumulative Supplement, Author
  • “ConsensusDocs 271: Instructions to Bidders on Public Work,” Chapter 14, ConsensusDocs Contract Documents Handbook, Aspen Publishers, 2017 Cumulative Supplement, Author
  • “ConsensusDocs 907, Equipment Lease,” Chapter 13, ConsensusDocs Contract Documents Handbook, Aspen Publishers, 2016 Cumulative Supplement, Author
  • “ConsensusDocs 703, Standard Purchase Agreement for Noncommodity Goods by a Contractor,” Chapter 12, ConsensusDocs Contract Documents Handbook, Aspen Publishers, 2015, Author
  • “ConsensusDocs 750, Subcontract Agreement,” Chapter 8, ConsensusDocs Contract Documents Handbook, Aspen Publishers, 2012, Author

Speaking Engagements:

  • “Controlling Risk in Construction and Project Delivery Systems,” Construction Leadership Academy (formerly Future Construction Leaders Program), Associated General Contractors of New York State, Rochester, New York, annually May 2016 – present
  •  “Managing Risk: Your Key to Increased Profitability,” Future Construction Leaders Program, Associated General Contractors of New York State, Rochester, New York, May 2012, 2013, 2015
  • “Contracts For Every Construction Project, Every Party and the Bottom Line in New York,” Lorman Education Services, Rochester, New York, July 2014

Noteworthy Reported Cases:

  • PSEG Power N.Y., Inc. v. Alberici Constructors, Inc, 2007 WL2687670 (NDNY 2007)
  • Visconti Corporation v. LaBarge Brothers Company, Inc., 272 AD2d 948 (4th Dept 2000)
  • Nobel Insurance Company v. Hudson Iron Works, 51 F Supp 2d 408 (SDNY 1999)
  • Walck Bros. Ag. Service, Inc. v. Suburban Pipeline Co., Inc., 259 AD2d 1004 (4th Dept 1999)
  • Westfair Electric Contractors v. Aetna Casualty & Surety Company, 87 NY2d 148 (1995)
  • The DeNoyelles Company v. Requa Electrical Supply Co. Inc., 155 Misc 2d 451 (Sup Ct, Monroe County 1992)

Professional Associations:

  • American Bar Association:
    • Tort, Trial & Insurance Practice Section
    • Forum on Construction Law

Recognitions:

  • Martindale.com; AV Preeminent Rating
  • Super Lawyers; Upstate New York; Construction Litigation (2012-present)