Mr. Capasso represents design professionals (including architects, civil engineers, structural engineers, geotechnical engineers, and mechanical engineers), owners, construction companies, and joint ventures in connection with transactions and projects related to construction.
Mr. Capasso’s defense practice focuses on high exposure construction-related matters involving professional liability errors and omissions, including ADA and FHA Claims (Department of Justice), construction defect, catastrophic construction property damage, construction site accidents, and contract disputes. He also counsels clients on mitigating damages during active construction projects.
Mr. Capasso’s construction law practice includes contract negotiation, drafting, and review, along with advising clients on project planning and management, claim preparation, change orders, and equitable adjustments. He is thoroughly familiar with all construction delivery methods, including design-bid-build, design-build, and construction management. He works with his clients on a full range of public and private sector construction projects, including residential, commercial, infrastructure, industrial, and mixed-use. He also represents his construction clients in matters involving:
• Complex contract
• Scope of services
• Changed conditions
• Design and delay
• Bonds/Lien Rights
In sum, Mr. Capasso maintains an active trial, appellate, and Alternative Dispute Resolution (ADR) practice in all New York, New Jersey, and Pennsylvania venues. He prosecutes, defends, and monitors construction-related matters nationwide. To that end, he has personally conducted hundreds of depositions, court arguments, and dispositive proceedings with great success, including ADR (mediation and arbitration) and bench and jury trials.
- Successful defense of foundations/steel sheeting contractor in adjacent building subsidence matter exceeding $100 million. Obtained dismissal of multiple subsidence event claims based on statute of limitations expiration and shifted liability to design professionals who failed to conduct code-compliant historical and subsurface investigations.
- Successful defense of foundations/caissons contractor in adjacent building subsidence matter where subsurface conditions were “changed conditions” under its contract and redirected claim toward myriad of design failures by the architect and engineers.
- Successful defense of mechanical engineer, where domestic heat and hot water system malfunctioned.
- Successful defense of architect who restored historic building against purported deviations from applicable code.
- Successful defense of architect where proprietary drawings including select details and title block were improperly used to gain structural engineering permit.
Results may vary depending on your particular facts and legal circumstances.
Honors & Awards
- Selected as Fellow of the Construction Lawyers Society of America
- Included in New York Metro Super Lawyers list (2013 through 2023) (conferred by Thomson Reuters)
- Included in New Jersey Super Lawyers list for Civil Litigation: Defense (2023-2023) (conferred by Thomson Reuters)
- Selected to Phi Beta Kappa
- Selected to New Jersey State Bar Association Committee on Civil Trial Practice
- Selected to New Jersey State Bar Association Insurance Defense Special Committee
No aspect of the advertisement has been approved by the Supreme Court of New Jersey or the New York State Court of Appeals. Click here to view Awards/Honors Methodology.
Memberships & Affiliations
- Fellow, Construction Lawyers Society of America
- Member, American Institute of Architects (“AIA”) New York Chapter
- New Jersey State Bar Association, Civil Trial Bar Executive Committee; Insurance Defense Special Committee
- New York State Bar Association
- New York County Trial Lawyers Association
- Trial Law Institute
- Diversity Law Institute
- Perrin Conferences Construction Defect Advisory Board, Member (2021-present)
- Hon. Michael A. Petrolle, J.S.C.