Jeremy M. Smith

Construction Litigation & Disputes

• Prosecuting a $23 million claim against the New York State Office of General Services on behalf of a building contractor arising out of the Harriman Campus Building 4 project, while simultaneously defending $6 million in counterclaims.
• Defending a building contractor in litigation brought by three abatement subcontractors on a major state building project, including the prosecution of counterclaims and cross-claims.
• Defending a solar energy contractor in a construction lawsuit, providing strategic litigation counsel and managing the defense.
• Prosecuting and defending numerous shareholder litigation disputes involving business valuation.

Outside General Counsel & Strategic Advisory

• Serving as outside general counsel to a civil infrastructure contractor, negotiating contracts and providing ongoing construction and corporate advice across all facets of the business.
• Providing ongoing construction, corporate, and risk mitigation counsel to an electrical contracting company.
• Advising a highway and heavy construction contractor on a broad range of legal matters as outside counsel.
• Counseling a bridge construction firm on construction claims, corporate matters, and business strategy.
• Providing construction and corporate counsel to a site development and construction company.
• Advising a land development and construction company on contract review, corporate matters, and strategy.
• Serving as outside counsel to an automotive dealership, advising on business and operational issues.
• Providing counsel regarding shareholder and partnership disputes.

Renewable Energy & Solar

• Providing general legal and strategic advice to a solar energy company on construction and business matters, including litigation defense and contract negotiation.

Major Infrastructure Projects

• Advising a project-specific joint venture on the I-81 Viaduct Project in the City of Syracuse, New York—a major civil infrastructure undertaking.

Tax Assessment & Real Property

• Challenging the tax assessment on a Power Plant on behalf of the plant’s owner.

Corporate Transactions & Formation

• Assisting a startup construction software development company with formation, intellectual property protection, IP agreements with software developers, and licensing agreements with customers.
  Advising on the formation and structuring of a new business entity.

Banking & Creditor Matters

• Representing banks in loan workouts and foreclosures.

Work Experience

• Hinckley Allen
  • Partner (2020-Present)
• Couch White, LLP
  • Partner (2007-2019)
  • Associate (2001-2007)

Honors & Awards

• Best Lawyers in America® (2026)
  • Litigation – Construction

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
• United States District Court for the Northern District of New York
• United States District Court for the Southern District of New York
• United States District Court for the Western District of New York

Publications

• 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)

• “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