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Kenneth M. Alweis

Partner

Kenneth M. Alweis

Partner

Experience

Kenneth M. Alweis is co-chair of the firm’s Business and Commercial and Alternative Dispute Resolution (ADR) practices and a key partner in the firm’s Construction and Retail and Hospitality groups. A senior trial attorney at the firm, Ken has more than 30 years of experience in state and federal court and has represented some of the country’s largest contractors, construction managers, shopping center developers, owners, and retailers in construction and commercial disputes, New York Labor Law (“Scaffold Law”) matters, negligent security and liability claims, tenant litigation, and land use and zoning disputes. Ken draws on extensive experience in commercial and class action litigation, employment law, product liability, and catastrophic injury litigation.

Ken is a court-approved mediator and neutral. He is frequently retained privately and through judicially sanctioned programs to mediate and arbitrate a wide variety of cases including personal injury actions, construction disputes, business disputes and dissolutions, property damage, and fire loss claims.

Related Areas

Alternative Dispute Resolution (ADR) Commercial Litigation and Arbitration Class Action Litigation Product Liability Retail and Hospitality Construction Litigation and Counsel Real Estate and Land Use Real Estate Litigation and Title Disputes

Industries

Construction Retail and Hospitality

Experience Highlights

Ken is a leader in the firm’s Construction practice group. His practice includes both litigation, trials, and appeals—involving commercial disputes, real estate matters, premises liability and security claims, tenant disputes, land use and zoning, and New York Labor Law—as well as sophisticated dispute avoidance and risk-management counsel.

Ken is also a leader in the Retail and Hospitality practice group, a team of attorneys that provides innovative and creative legal and consulting solutions to help clients avoid disputes, manage risks, and litigate matters whenever necessary. His experience allows him to assist clients in terms of lease and construction contract preparation and drafting, indemnification and insurance consulting, risk management, and land use permitting and application. Ken and this team have created a niche in these areas that few law firms in the nation can match for its level of sophistication and dedicated focus. As the dynamics of the retail environment are ever-changing, Ken builds on his experience to stay at the forefront of the latest issues that are unique to the retail and development industries.

Ken regularly represents manufacturers of industrial and consumer products in state and federal court and has defended many personal injury, property damage, and fire cases involving alleged manufacturing and design defects and warning claims.

Ken has represented employers in all types of employment-related litigation in state and federal courts as well as in arbitration on matters involving harassment, employment discrimination, civil rights claims, and breach of contract.

Honors & Awards

Martindale-Hubbell Peer Review Rating: AV Preeminent

Best Lawyers in America

  • Arbitration, 2023-25
  • Commercial Litigation, 2018–25
  • Litigation — Construction, 2023-25
  • Mediation, 2023

 

Super Lawyers, Corporate Counsel Edition

Upstate New York Super Lawyers, 2008–24

Pro Bono Service Award – United States District Court for the Northern District of New York

Background

Admissions

  • New York
  • U.S. Court of Appeals for the Second Circuit
  • U.S. District Court, Northern, Western and Southern Districts of New York
  • U.S. Bankruptcy Court, Western District of New York

Education

  • State University of New York at Buffalo Law School, J.D., 1985
  • Binghamton University, B.A., 1982

Professional Affiliations

  • Federal Court Bar Association, Northern District of New York
  • Associated Builders and Contractors, NYS Board of Directors, Member; CNY Regional Council, Member
  • Associated General Contractors
  • Syracuse Jewish Federation: Board of Directors 2006–11
  • Claims and Litigation Management Alliance (CLM)
  • Fellow, Construction Lawyers Society of America
  • USLAW Network (former member)
    • Vice-Chair, Retail and Hospitality Law practice group, 2017
    • Secretary, Retail and Hospitality Law practice group, 2015–17
    • Co-Chair, USLAW Network Retail and Hospitality Law Exchange, Chicago, IL, October 2015
    • Co-Chair, USLAW Network Spring 2015 Conference, Retail Track, San Antonio, TX, April 2015

Training and Certifications

  • Department of Labor OSHA-30 Construction Training
  • Department of Labor OSHA-10 Construction Training
  • Certified Mediator, U.S. District Court, Northern District of New York, 1998- present

Community Involvement

  • Zoning Board of Appeals, Town of Dewitt

News & Knowledge

Publications & Events

  • “Construction Site Personal Injury Litigation, Third Edition,” (Co-Author), New York State Bar Association, March 2021
  • Editor, USLAW Network’s Retail Compendium of Law, 2014
  • Author, “A Guide to the Unwary: Construction Manager Liability Under New York Labor Law Section 240(1),” Progress! Under Construction, November 2013
  • Co-Author, “Private Property or Public Forum? How the Occupy Movement Implicates Free Speech and Property Rights in Retail Spaces,”USLAW, Spring/Summer 2012
  • Author, “Risk Management in the Field of ‘Green’ Construction,” Central New York Business Journal, April 2008
  • Author, “Legal Pitfalls for Joint Employers,” Plain Vanilla Shell, February 2008
  • Co-Author, “Guide to New York Commercial Eviction,” October 2007
  • Co-Author, “Store Owner’s Rights When Faced with Shoplifting: A State by State Review,” April 2007
  • Contributing Author, “Construction Site Personal Injury Litigation – New York Labor Law Sections 200, 240(1) and 241(6),” New York State Bar Association, 2006

  • Presenter, “Scaffold Law and Accident Investigation,” Construction Legislative Agenda Update, Buffalo, NY, January 16, 2020
  • Co-Presenter, “Conducting a Rapid Response Accident Investigation — Considerations for Counsel and Safety Professionals,” Annual Genesee Valley and Finger Lakes Region EH&S Professional Development Conference, Rochester, NY, December 5, 2018
  • Presenter, “Construction Site Accidents: Law and Insurance,” Brown & Brown Lunch and Learn, June 19, 2018
  • Moderator, “Common Problems Arising with Commercial leases,” USLAW 2016 and 2017
  • Chairperson and Speaker, “Labor Law Claims, Coverage and Litigation,” New York State Bar Association, 2016
  • Chair “Labor Law Claims, Coverage and Litigation,” New York State Bar Association CLE, Syracuse, NY, December 15, 2016
  • Presenter, “Minority and Women-Owned Business Enterprises,” New York State Surety Bond Assistance Program, February 24, 2015
  • Presenter, “Top Ten Additional Insured Considerations,” IRMI Construction Risk Seminar, San Diego, CA, November 2013
  • Presenter, Risk Management Conference, Syracuse, New York, June 18, 2013
  • Presenter, “NY Construction Site Accident Update: Labor Law Section 240, Indemnity Agreements and Insurance,” Associated Builders and Contractors, October 2011
  • Presenter, “Contract Drafting for Construction Projects,” Cazenovia College, April 2011
  • Presenter, “Bed Bugs: Will They Really Eat our Brand Name,” USLAW Network, Spring Conference, Phoenix, AZ, March 2011
  • Panelist, “Landlord/Tenant Gumbo – Spice is Nice but Can You Take the Heat,” USLAW Network, Spring 2010 Conference, Miami, FL, March 2010
  • Chairman and Moderator, “Strictly Retail,” Defense Research Institute (DRI), Chicago, IL, March 2010
  • Moderator, “Retail Decisions and Verdicts,” USLAW Network Spring Conference, Charleston, SC, March 2009
  • Presenter, “Get the Green Edge: How to Underwrite and Insure ‘Green’ Exposures & Grow Your Book,”  Independent Insurance Agents & Brokers of NY, Inc., “Capital Event,” February 2009
  • Presenter, “Construction Site Accidents – The Trial of a Labor Law Case,” New York State Bar Association, November 2008
  • Speaker, “Products Liability: An Overview,” Central New York CPCU Society, November 2008
  • Panelist, “Responding to the Catastrophic Mass Injury Claim: Avoid Adding to the Catastrophe,” USLAW Network, Fall Conference, Las Vegas, September 2008
  • Presenter, “Construction Site Accidents Under NY Labor Law,” Syracuse Claims Association, May 2008
  • Lecturer, “Leadership in Energy and Environmental Design (LEED): Claim Avoidance,” Brown and Brown Empire State, Spring and Fall 2007-2008
  • Moderator/Presenter, “Just When You Thought it Was Safe to Go Shopping: Retail and Shopping Center Security Issues,” USLAW Network, Fall Conference, Washington, D.C., October 2007
  • Moderator, “Update on Trucking Litigation and Claims,” New York State Bar Association, 2006
  • Presenter, “Litigation Management: Controlling and Recovering Costs,” ICSC Law Conference, Florida, 2006
  • Presenter, “Fundamentals of Insurance Coverage and Indemnification,”  ICSC Law Conference, Arizona, October 2005
  • Presenter, “Proving and Defending Damages at Trial: Effective Trial Techniques for Plaintiff’s and Defendant’s Counsel,”  New York State Bar Association, May 2005
  • Presenter, “Products Liability Post-Kuhmo Tire,” New York State Bar Association, 1999
  • Presenter, “Major Litigation Issues Confronting Municipalities and Landowners,” New York State Bar Association, 1996
  • Presenter, “Premises Liability and Construction Work Site Accidents,” New York State Bar Association, 1995
  • Presenter, “Coverage Issues and Applications-1994,” New York State Bar Association, 1994

  • “Contracts and COVID-19: Navigating Contract Terms Impacted by the Pandemic and Demystifying Loan Forgiveness Under the CARES Act” (Co-Presenter), GS Webinar Series, June 4, 2020
  • Co-Presenter, “Overview of New Safety Training Requirements for NYC Construction,” GS Construction Webinar, March 15, 2018