Kenneth O’Reilly

Kenneth D. O’Reilly is a partner in the New York office of Lewis Brisbois. He focuses his practice primarily on construction law with particular emphasis on representing architects and engineers.

He has represented owners, architects, engineers, construction managers, general contractors, EPC contractors, and trade contractors in connection with a wide variety of projects including pipelines, refineries, power plants, solar and wind facilities, wastewater treatment facilities, schools, stadiums, airports, highways and transportations systems, and other municipal and commercial structures.

He routinely counsels clients on risk management issues and dispute avoidance. When claims cannot be avoided, he handles the litigation of construction project disputes and has extensive experience in alternative dispute resolution involving the full range of issues that arise on construction projects, including defects and claims for extra work, delay and disruption issues, incomplete and defective design, inadequate and uncoordinated project management, differing site conditions, cardinal change, denial of site access, improper inspections, site safety violations, rejection and repair of non-conforming work, lateral support, geotechnical engineering, support of excavation, environmental contamination issues, termination for default and convenience, lien and bond issues, and post-completion warranty claims.

Before joining Lewis Brisbois, Mr. O’Reilly practiced construction law for six years in the New York office of a Chicago-based global law firm, and for five years in the New York office of a large Atlanta-based international law firm.

Following law school, Mr. O’Reilly was a law clerk for the Honorable Catherine C. Blake, United States District Judge for the United States District Court for the District of Maryland.

Education :

• University of Maryland Francis King Carey School of Law,  Juris Doctor with Honors, 1995
• Johns Hopkins University, Master of Arts, Program in Comparative International Development, 1988
• Clark University, Bachelor of Arts, Government, 1987

Admissions :

• State Bar Admissions, New York
• United States Courts of Appeals & Supreme Court,
  • United States Court of Appeals for the Second Circuit
  • United States Court of Appeals for the Fourth Circuit
• United States District Courts
  • United States District Court for the Eastern District of New York
  • United States District Court for the Southern District of New York

Representative Matters :

• Represented a defense contractor in connection with a $100 million project for the design and construction of perimeter intrusion security systems at four New York area airports.
• Represented a global engineering firm in connection with claims arising from the design and construction of traffic infrastructure improvements in Atlantic City, New Jersey. This engagement included the defense of alleged professional errors and omissions.
• Obtained a favorable settlement on behalf of a national pipeline contractor against the owner arising out of the construction and replacement of a 27-mile petroleum pipeline in Kentucky. Claims involved unforeseen site conditions, delays, inefficiency, and excessively intrusive inspections.
• Represented environmental engineering firm in connection with numerous state and federal actions in Illinois arising out of alleged benzene releases from an oil refinery.
• Obtained numerous summary judgments defending engineering firms and construction managers in connection with workplace accidents in various New York state courts.