Eric Cheng is well versed in the area of architects and engineers professional liability claims. Educated as an architect, he has advised a number of domestic and international design professionals in contract negotiation, risk management, insurance procurement and potential pitfalls in domestic and overseas projects in Asian countries, including China. Eric is a native of Hong Kong, China, and is fluent in Cantonese, Mandarin and English.
Eric has litigated and tried complex construction liability claims brought under New York Labor Law against owners, contractors, subcontractors, construction managers and property managers, as well as clients charged with New York Department of Building violations. Eric also regularly provides coverage analysis focused on construction cases concerning New York Labor Law and other risk transfer–related issues.
In addition, Eric maintains an extensive practice centered on insurance coverage matters that arise out of general liability, professional liability and employment discrimination claims; he defends underlying cases in these areas. Eric also has extensive experience advising corporations on their insurance coverage programs. Having served as a trusted adviser to carriers for many years, Eric enjoys in-depth knowledge of insurance company operations and understands his clients’ need for strategic and proactive legal counsel.
Areas of Focus
Construction and Professional Liability
Eric has defended architects and engineers in professional malpractice lawsuits arising out of construction delays and property damage, and has defended construction managers, resident engineers and general contractors in New York Labor Law litigation and premises liability matters. He has handled dozens of Labor Law cases, most of which have involved alleged violations of Labor Law §§ 240(1), 241(6) and 200. Concerning claims that primarily relied on an alleged violation of Labor Law § 240(1), in a recent case, Eric argued, inter alia, that neither the plaintiff nor his employer had been retained to perform any work pertaining to a reconstruction project, and thus the plaintiff was not within the class of persons subject to the protections of the Labor Law. In a unanimous decision, the Appellate Division affirmed the trial court’s decision.
In addition, Eric has supervised a national architect and engineer claims/ litigation administration program and a title insurance administration program. In this capacity, he monitors litigation nationwide through resolution, including participation in mediation, arbitration and trial.
Insurance Coverage
Eric’s practice also concentrates on insurance coverage issues stemming from professional malpractice, employment discrimination litigation and title insurance. Specifically, Eric has handled numerous insurance coverage matters related to the work of architects, engineers, surveyors and other design professionals. Eric has issued numerous coverage opinions on behalf of various insurance carriers. He has advised clients on their coverage status in pending litigation and analyzed equitable distribution of liability among insurance carriers based on the terms and provisions in the language of the policies. He also has assisted his clients in writing insurance policies in the areas professional liability and cyber liability.