Charles Fastenberg has practiced in the fields of construction law and government contracts for the past thirty-five years, and has represented owners, developers, contractors, subcontractors, sureties, governmental entities and large institutional clients in matters covering a wide spectrum of issues. In addition to extensive experience regarding private construction issues, he also has been heavily involved throughout his career in issues relating to governmental contracts including public bidding; bidder responsibility and debarment issues under VENDEX and other "responsibility" rules; claims and claim procedures including the dispute resolution procedures under the City of New York's Procurement Policy Board ("PPB") Rules; minority business enterprise and other similar programs; prevailing wages; mediations and arbitrations; and other public contract matters. He has been named as a "Super Lawyer" in the field of construction law. Mr. Fastenberg is a graduate of the Fordham Law School, where he was a member of the Law Review.
Areas of Practice
- Construction Litigation
- Governmental Contracts
- General Commercial
- Obtained a judgment from the State Supreme Court, New York County, dismissing Defendant City of New York's counterclaims for fraud against our client totaling $75 million arising out of the criminal convictions of two former employees and several subcontractors for fraud. The court found that the City's counterclaims were barred by the statute of limitations.
- Obtained dismissal of a subcontractor's claim for alleged delays and extra work against a developer arising from the conversion of a former governmental building to private residential use.
- Obtained reversal from the Appellate Division, First Department of a lower court's decision dismissing a contractor's multi-million dollar claim for damages arising from a public improvement project on grounds of waiver.
- Obtained judgment from the Southern District of New York dismissing a complaint alleging federal labor law violations against a trustee of an industry benefit fund.
- Obtained a judgment from the Bankruptcy Court, Southern District of New York, dismissing conversion and related claims against the principal of a contractor on a series of projects.
- New York
- U.S. Court of Appeals for the Second Circuit
- U.S. District Court for the Southern District of New York
- U.S. District Court for the Eastern District of New York
- Fordham University School of Law, J.D., 1975
- Clark University, A.B., 1966
- Duane Morris LLP
- Special Counsel, 2008-present
- Thelen LLP
- Counsel, 2005-2008
- Ross & Cohen LLP
- Partner, 1985-2005
- New York Bar Association
- Construction Law Committee
Honors and Awards
- Listed in Corporate Counsel and The American Lawyer as an ALM Top Rated Lawyer in Appellate Law, 2014
- Listed in Avenue magazine's Legal Elite, 2010
- Listed in New York Metro Super Lawyers, 2010-2012
- AV® Preeminent™ Peer Review Rated by Martindale-Hubbell
- "'Illegal But Equitable' To the Rescue?" Duane Morris Construction Law, September 2016
- "Is a public contractor entitled to an administrative review before being debarred? Not necessarily," Duane Morris Construction Law, July 2016
- "Recent Changes in New York City's Standard Construction Contract," Duane Morris Alert, March 10, 2014
- "City Of New York Amends Its M/W/EBE Law," Duane Morris Construction Law, June 2013
- "Merit-Based Selection of Contractors in New York Procurements," New York Law Journal, October 29, 2010
- "Under New York Case Law, Subcontractors' Direct Claims Against Prime Contractors May Be Covered by a Pass-Through Clause," Building & Bonding: The Construction Group Newsletter, Spring 2009
- "New York City Contract Claims: Complying with the Dispute Resolution Procedures Requires Care," Construction Web Links, May 2007
- "Limiting Design To Engineers: Public Safety v. Real World," New York Law Journal, November 29, 1999
- Mr. Fastenberg also has written numerous articles concerning developments in New York construction law for the International Law Office.
Selected Speaking Engagements
- Speaker, "Understanding New York Public Contracts and Procurement Regulations," Lorman Educational Services Webinar, October 6, 2016
- Speaker, "Understanding New York Public Contracts and Procurement Regulations," Lorman Educational Services Webinar, April 29, 2016
- Speaker, "D/M/WBE Programs and Fraud," Duane Morris LLP, October 2013
- Speaker, "Ethical Issues in Construction Law Practice," New York County Lawyers' Association, New York City, June 13, 2012
- Speaker, "Public Contract Code and Competitive Public Bidding," Lorman Education Services seminar, New York City (five presentations on bidder "responsibility" issues and procedures from 2005 through 2012)
- Speaker, "Discretionary Contractor Selection Methods in New York Public Contracts," Duane Morris LLP, February 2010