James Lotito is a Partner and the Head of the New York Construction Practice of Smith, Gambrell & Russell, LLP.
James Lotito has more than 20 years of experience practicing in the areas of construction, real estate development and commercial litigation. James represents real estate owners, developers, construction managers, general contractors and trade contractors in disputes involving mechanic’s liens, delay claims, surety bond claims, change orders, property damage claims arising from excavation and underpinning, differing site conditions, utility interference, default, termination and design defects. He also has extensive experience in construction transactional matters which include the structuring, drafting and negotiation of general construction and construction management agreements, architectural and engineering agreements, construction access and license agreements, consulting agreements and subcontracts, as well as counseling clients through contract administration.
In addition to his construction practice, James also serves an outside general counsel to real estate owners, lenders, apparel companies and not-for-profits and he regularly advises them on their day-to-day business issues and corporate matters. In that regard, he has assisted his clients with joint venture agreements, trademark licensing and purchase agreements, asset purchase agreements, financings, real estate and leasing transactions as well as commercial disputes involving deceptive trade practices, commercial lease defaults, restrictive covenants, negotiable instruments and various other contract issues.
James is ranked by Chambers USA in the area of Construction Law in New York.
James received his B.S. from St. John’s University, cum laude, and his J.D. from Brooklyn Law School.
American Bar Association, Forum on the Construction Industry
New York City Bar Association
Co-author, “Economic Loss in Construction Litigation,” Modern Contractor Solutions, February 2011.
Co-presenter, “What to Expect from a Surety Upon Default,” Associated General Contractors of America, May 2007.