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Primary Practice Areas
Construction LawLitigation
EDUCATION
New York University School of LawNew York, 1979
Cornell University
Ithaca, New York, 1976
ADMISSIONS
- New York, 1980
- New Jersey, 1983
- U.S. District Court, Southern and Eastern District, 1980
- U.S. District Court, District of New Jersey, 1984
- U.S. Court of Appeals, Second Circuit, 1998



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Randy J. Heller Named One of the Best Lawyers in America8/20/2020
U.S. News & World Report's Best Lawyers® has recognized Mr. Heller as one of the top lawyers in America for construction law in 2021.
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Arbitration and Home Improvement ContractsFebruary 2020 | By: Randy J. Heller, Esq.| GDB 2020 Winter Newsletter
Arbitration, as a dispute resolution mechanism, is often included in contracts and favored by courts. Given this widespread preference for arbitration, folks are sometimes surprised to learn that a New York statute prohibits the use of mandatory arbitration clauses in certain home improvement contracts.
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Commercial Bribery On A Construction Site: Does Crime Pay?November 2019 | By: Randy J. Heller, Esq.| GDB 2019 Fall Newsletter
Can you plead guilty to falsifying business records in a commercial bribery scheme involving construction work and still hope to salvage your claim for millions of dollars against the owner you ripped off? You might, under the right set of facts.
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Can You Defame Someone In A Notice Of Mechanic’s Lien?July 2019 | By: Randy J. Heller, Esq.| GDB 2019 Summer Newsletter
A mechanic’s lien can be a powerful tool for collecting a contract balance owed for work performed on a construction project. Yet, it is a tool which can be easily abused. But can you be held liable for defamation if your lien alleges that someone owes you money when they don’t?
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May I Steal A Part Of Your Backyard?May 2019 | By: Randy J. Heller, Esq.| GDB 2019 Spring Newsletter
The doctrine of “adverse possession” remains one of the most interesting facets of real property law. The possibility that your neighbor can take ownership of some of your property through your own inattentiveness continues to fascinate and confound homeowners. What makes it so interesting is the counter-intuitive way it works. Giving permission for your neighbor to occupy your land denies him any claim. But refusing his encroachment may cause you to lose the disputed strip. Here’s how that dichotomy played out in a recent appellate case.
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Attorney’s Fees – Beware the Tail That Wags the Dog10/24/18 | By: Randy J. Heller, Esq.| GDB 2018 Fall Newsletter
In our regular review and negotiation of contracts and leases, we frequently encounter provisions providing that the “prevailing party” in any litigation or arbitration is entitled to reimbursement of its attorney’s fees and expenses from the losing party. It is sometimes forgotten, however, that the right to attorney’s fees is contrary to the “American Rule” which provides that each party must bear its own attorney’s fees and expenses. Despite the “American Rule,” however, parties may nevertheless provide in their arms-length contracts and leases that the prevailing party shall recover attorney’s fees from the other party. That right may also be contained in a statute addressing limited areas of the law. Such was the setting in two recent appellate decisions.
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Limitation of Liability Clauses — Does It Mean You Can Breach With Impunity?7/11/18 | By: Randy J. Heller, Esq.| GDB 2018 Summer Newsletter
Limitation of liability clauses are all the rage, whether among participants on a construction project or in other fields. These clauses are broadly enforced and there is precious little room to escape them. As is made clear in a recent case, even an action which seems gratuitously malicious might not in certain circumstances serve to void the limitation of liability clause as long as it was done for one's legitimate economic self-interest.
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When Your Insurance Company Declines Coverage: Is Your Broker Liable?4/4/2018 | By: Randy J. Heller, Esq.| GDB 2018 Spring Newsletter
An insurance broker dodged a bullet when a court held that he did not mislead his client about the scope of coverage or fail to provide appropriate advice—even though the client was left with no coverage and no defense against a construction accident on its property. The court’s decision provides important lessons, namely, that in special situations a broker can be held liable for not recommending the proper insurance, and that businesses should read their insurance policies carefully.
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Corporate Officers Beware: You May Be Held Personally Liable For Fraud1/29/2018 | By: Randy J. Heller, Esq. | GDB 2018 Winter Newsletter
It is commonly believed that forming a corporation shields individuals from personal liability for acts they commit in their official capacity as officers or directors of the corporation. That is often true. But a recent case by a New York appellate court reminds us of an important exception to that rule.
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Punitive Damages in a Construction Case? Really?07/5/2017 | By: Randy J. Heller, Esq. | GDB 2017 Summer Newsletter
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Willful Misconduct: Just How Bad Does It Have to Be?1/17/2017 | By: Randy J. Heller, Esq. | GDB 2017 Winter Newsletter
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Even a Construction Contract Which Mandates “Litigation” May Be Subject to “Arbitration”11/1/2016 | GDB Construction Law Update
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How Not to Let Your Mechanic’s Lien Lapse6/27/2016 | By: Randy J. Heller, Esq. | GDB 2016 Summer Newsletter
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Has The "No-Damage-For-Delay" Clause Just Become Even Stronger?05/16/2016 | By: Randy J. Heller, Esq. | GDB Construction Law Update
In construction contracts “no-damage-for-delay” clauses have been enforced by the courts for more than three decades. Although four exceptions to this clause have been carved out, a recent decision by the Appellate Division, 1st Department may just have doomed the most promising of the exceptions.
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Incorporation By Reference: Does It Work?2/11/2016 | By: Randy J. Heller, Esq. | Winter 2016 Newsletter
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Can a Surety Complete the Work with the Same Subcontractor that Was Terminated for Default06/06/2015 | By: Randy J. Heller, Esq. | Summer 2015 Newsletter
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The Perils of Filing a Willfully Exaggerated Mechanic's Lien12/09/2014 | Winter 2014 Newsletter
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Enforcing a Judgment Against a Contractor Just Got Easier09/05/2014 | Fall 2014 Newsletter
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Breaking Up Is Hard To Do: Terminating a Defaulting Contractor without Getting in Trouble06/08/2014 | Summer 2014 Newsletter
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When Is a Release Not a Release? Courts provide conflicting rulings on the interpretation of contractor lien waiver forms09/06/2012 | Fall 2012 Newsletter
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Homeowners Given Powerful New Weapon for Use against Home Improvement Contractors06/07/2011 | Summer 2011 Newsletter
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No Recovery for Contemplated Construction Delays04/09/2011 | Spring 2011 Newsletter
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Piercing the Corporate Veil - Not So Fast09/08/2010 | Fall 2010 Newsletter
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Filing Mechanic's Liens for Tenant Work06/08/2010 | Summer 2010 Newsletter
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Short Statute of Limitations Frustrates Building Owner's Claim against Engineer for Construction Defects04/07/2010 | Spring 2010 Newsletter