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Jeremy M. Smith

Jeremy M. Smith


Jeremy’s practice is focused on construction disputes, commercial litigation, and corporate transactions.  He represents business clients from industries including construction, manufacturing, mining and banking, and serves as outside general counsel in corporate practice to a number of companies, providing advice regarding corporate, commercial, risk mitigation, business succession, lending, and other legal matters.


  • Litigation and arbitration of disputes regarding: construction; business; shareholders; real property tax; and commercial and industrial real estate.
  • Appeals, including numerous, frequently-cited construction law decisions at the Appellate Division.
  • Acquisitions and sales of businesses, including stock purchases, asset purchases, and tax-free mergers and acquisitions; especially construction, manufacturing, and mining companies and facilities.
  • Reviewing, drafting and negotiating contracts for civil infrastructure, highway, and vertical construction projects.
  • Negotiating EPC and BOP agreements for the construction of renewable energy assets, including wind and solar farms.
  • Land use, zoning and development.
  • Formation of companies and advice regarding the tax and legal ramifications of selecting between C corporations, S corporations, and limited liability companies; negotiation of companies’ formative agreements.
  • Trust and estate planning for high net-worth business owners; administration of estates and trusts; litigation of trust and estate disputes.
  • Banking and loan transactions; creditor-side litigation.
  • Commercial and industrial real estate purchases and sales, including Section 1031 like-kind exchanges.


Work Experience

  • Hinckley Allen
    • Partner (2020-Present)
  • Couch White, LLP
    • Partner (2001-2020)

Professional Affiliations

  • Albany County Bar Association
  • New York State Bar Association
  • American Bar Association
  • ABA Forum on the Construction Industry
  • Associated Builders & Contractors
  • Associated General Contractors of New York State
  • Capital Region Builders and Remodelers Association
  • Capital Region Chamber of Commerce
  • Construction Contractors Association
  • Construction Financial Management Association
  • Construction Industry Council
  • Eastern Contractors Association
  • New York Construction Materials Association
  • New York State Builders’ Association
  • Northeastern Subcontractors Association
  • NYSBA Commercial and Federal Litigation Committee on Electronic Discovery

Bar Memberships

  • New York State Courts
  • United States District Court, Northern, Southern and Western Districts of New York

Speaking Engagements

  • “Public Work 101,” Performing Public Work in New York State, Associated Builders & Contractors, Inc., Latham, New York, October 25, 2016
  • M/WBE Certification and Utilization, New York State Society of CPAs, Construction Contractors Conference, New York, New York, October 22, 2014
  • Co-Panelist, Recent Case Law of Significance and Why You Should Care, Associated General Contractors of New York State, New York, New York, October 8, 2014
  • Co-Panelist, Design-Build, Joint Venture, and Teaming Agreements, Associated General Contractors of New York State, Saratoga Springs, New York, December 11, 2013
  • Buying or Selling a Business, Construction Summit, Albany, New York, March 21, 2013
  • NYS Construction Industry Fair Play Act, Capital Region Builders and Remodelers Association, Ballston Spa, New York, December 21, 2010
  • How Contractors Can Recover When They Don’t Get Paid, Capital Region Builders and Remodelers Association, Latham Spa, New York, February 10, 2010

News & Insight


How to Handle a Bankruptcy Filing By an Owner or Subcontractor

March 30, 2020

Given the coming economic turbulence stemming from the COVID-19 pandemic, general contractors should be prepared with a plan of action in case a project owner or subcontractor files a bankruptcy petition. This article discusses two issues in that regard wh…


The Coronavirus (COVID-19) Quarantine as a Force Majeure Event

March 5, 2020

Quarantines stemming from the 2019 Novel Coronavirus (COVID-19) are resulting in disruption in the supply chain for manufacturing, storing, transporting, and importing construction materials and construction equipment. Do such quarantines constitute ground…

Firm News

Hinckley Allen Welcomes Construction & Public Contracts Partner Jeremy M. Smith

March 4, 2020

Hinckley Allen is pleased to welcome Jeremy M. Smith as Partner in the Firm’s Construction & Public Contracts group. Smith joins the Firm’s Albany office after most recently serving as Partner at Couch White, LLP.Smith’s practice is focused on co…


  • Construction Law, Albany Specialties, Inc. v. Shenendahowa Central School District, 307 AD2d 514 (3d Dept 2003)
  • Construction Law, Bunkoff General Contractors, Inc. v. Dunham Electric, 300 AD2d 976 (3d Dept 2002)
  • Construction Law, Sullivan Contr., Inc. v. Turner Constr. Co., 60 A.D.3d 1315 (4th Dep’t 2009)
  • “Construction Industry Prevails in Recent New York Court of Appeals Decision,” Construction Notes (January 2014)
  • “How To Handle A Bankruptcy Filing By An Owner Or Subcontractor,” Associated General Contractors Low Bidder (Nov/Dec 2008) p.8
  • “Campaign Contributions – Limits and Reporting Requirements,” Associated General Contractors Low Bidder (Sept/Oct 2008) p.8
  • “Contractors’ And Suppliers’ Liability To The General Public May, Under Limited Circumstances, Survive The Substantial Completion Of A Construction Project,” Associated General Contractors Low Bidder (May/June 2008) p.8
  • “Beware Of Pitfalls From the False Claims Act,” Associated General Contractors Low Bidder (March/April 2008) p.6
  • “Advanced LLC Issues in New York,” National Business Institute (2005)
  • “Considerations in Buying and Selling a Business in New York,” National Business Institute (2003)
  • “Approaching Universality: The Role of Comity in International Bankruptcy Proceedings Litigated in America,” 17 B.U. Int’l L.J. 367 (1999)