Image of James Freire
James Freire
Partner

Biography

Jim is a Partner in the firm’s Construction Law, General Litigation, Risk Reduction & Avoidance, Insurance Solutions and Toxic Tort and Environmental Law practices. His primary focus is on construction defect and property damage matters, as well as cases filed under New York State’s Labor Law against property owners and contractors. In addition, Jim defends individuals and corporations in complex personal injury matters, including claims of wrongful death and catastrophic injuries such as quadriplegia. He also represents property owners/developers and contractors in matters arising out of Administrative Code Section 3309.4 and the construction and renovation of buildings, and focuses on the need to develop, and implement, a resolution strategy as early in the case or dispute as possible. This approach requires early and close cooperation with the client to understand their priorities, such as preserving a business relationship, or coordinating with their private counsel to insure a coordinated defense or prosecution.

Jim recognizes the importance of risk transfer to clients in all cases, especially cases arising out of construction accidents or disputes. In the past, Jim conducted the in-house training program for a medium sized insurance defense firm, including procedures to transfer risk through available insurance coverage and the terms of contracts or other written agreements.  Also, he believes in retaining and working with expert witnesses early in litigation to reinforce the defense, advance affirmative claims and actions, and force cases to an early resolution whenever possible.

Jim also recognizes the need to understand a client’s available insurance coverage and to work with them to ensure all available coverage is put on notice. Most cases cannot be resolved successfully without a complete understanding of the parties’ coverage and when, and under what circumstances, the coverage will be implicated and available to fund a resolution. Jim works with his clients closely and pursues discovery against other parties to develop a complete understanding of the coverage mosaic and, when necessary, will pursue declaratory judgment actions to ensure the required coverage is in place to fund settlements or verdicts. Also, Jim will coordinate with his client as soon as possible if the loss or possible verdict will not be funded through insurance coverage so other alternatives can be pursued.