Overview

Matthew C. Schwartz helps developers, property owners and construction professionals resolve disputes and negotiate agreements that protect their interests and keep projects moving in addition to contractors in commercial litigation disputes. With experience in both litigation and transactional matters, he understands how legal decisions affect construction schedules, property rights and broader business objectives.

Matthew C. Schwartz represents developers, property owners, architects, engineers and contractors in real estate and construction matters, helping them navigate legal challenges that can affect project timelines, financial interests and business relationships. Whether addressing a contractual disagreement, construction defect claim, property damage dispute or project delay, Matt considers both the immediate legal issues and their potential impact on the client’s broader objectives. He also drafts and negotiates retail leases and construction access agreements, working to establish clear terms and address potential conflicts before they disrupt a project. His experience in both litigation and transactional matters allows him to anticipate where disputes may arise and pursue solutions that protect his clients’ interests while keeping their projects and business priorities in focus.

Construction access disputes are a particular focus of Matt’s practice. When a project requires access to neighboring property, he works with developers and adjacent property owners to negotiate agreements that balance construction needs with the rights and concerns of affected parties. He also represents clients in construction access litigation under New York’s RPAPL § 881 when disputes cannot be resolved through negotiation. His experience in these matters helps clients navigate access challenges, protect their property rights and minimize disruptions to construction projects.

Matt approaches disputes with an understanding that litigation is only one part of a client’s larger business or development objectives. He assesses the underlying agreements, the circumstances giving rise to a dispute and the potential consequences of different courses of action before recommending a path forward. He has prepared and argued procedural and substantive motions in state and federal courts and brings that litigation experience to negotiations, helping clients assess when an agreement may offer a better outcome than continued litigation. Whether resolving a contractual disagreement or addressing a construction-related claim, his focus remains on protecting the client’s position while keeping the broader project and business considerations in view.

Representative Experience

  • Successfully dismissed multi-million-dollar fraud claim in Federal Court against subcontractor.
  • Successfully represented numerous real estate developers obtaining necessary access to adjacent properties during construction by negotiating access agreements to avoid prolonged litigation delaying the project, and when litigation was the last resort, obtained court ordered licenses to keep the project on time.
  • Represented owners of properties adjacent to major construction projects to ensure they are appropriately compensated and protected during the project.
  • Handled public works projects, article 78 proceedings, mechanic’s lien claims, foreclosure actions and contract disputes.
  • Advised clients on trespass, property damage and construction defect claims and other real estate-related litigation.
  • Represented purchasers, sellers, landlords and tenants in commercial and residential real estate transactions.
  • Handled countless contractual disputes arising from business disagreements, lease agreements, contracts of sale and contractor/subcontractor disputes.