Eric Cheng is well versed in the area of design professionals 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 & Design Professionals
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 involving alleged violations of Labor Law §§ 240(1), 241(6) and 200.

In addition, Eric has supervised national architect and engineer claims and litigation administration programs and title insurance administration program for insurance carrier clients. 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, general liability, employment discrimination litigation and title insurance. Specifically, Eric has handled numerous insurance coverage litigation regarding first- and third-party claims. Eric also has provided coverage analysis to various insurance carriers and issued coverage position letters on their behalf. He also assisted his insurance carrier clients in writing insurance policies in the areas professional liability and cyber liability.

Eric has advised corporate clients on their risk management programs and engaged in the policy renewal discussion process with insurance brokers on behalf of the clients. 

    Education

    • Case Western Reserve University School of Law (J.D., 1997)
    • University of Pennsylvania (B.A., 1993)

    Bar Admissions

    • New York
    • New Jersey

    Professional Affiliations

    • New York State Bar Association
    • American Bar Association

    Languages

    • Cantonese
    • Mandarin

Events

Eric Cheng is well versed in the area of design professionals 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.

Eric G. Cheng

Cheng and Ru Obtain Summary Judgment in New York Labor Law Case

Eric Cheng (Partner-White Plains, NY) and Alex J. Ru (Associate-New York, NY) obtained a Decision and Order from Richmond County Supreme Court granting summary judgment in a New York Labor Law case that involved an alleged construction accident at a two-family residence where the plaintiff sustained injuries when a fence post fell on his foot. Our client, under a LLC, owned a two-family residence that functions exclusively as a private home for the client’s family. We moved for summary judgment on the basis that homeowners of a one- or two-family dwelling are statutorily exempt from liability under Labor Law sections 240 and 241(6), and that our client cannot be held liable under section 200 because the plaintiff’s accident arose from the means and method of his task and they did have the authority to supervise or control those methods or means. The plaintiff argued that the homeowners’ exemption is not available to (1) corporate owners of the residence, (2) a non-owner (or the entities principals) occupied residences, or (3) when the owner derives a commercial benefit even if no rent is charged if the tenants covered the expenses and maintenance (real estate taxes, insurance premiums, utilities, and repairs) of the residence. The court adopted Eric and Alex’s argument that the ownership entity, occupancy of the premises, or whether the tenant covers the costs of maintenance and expenses is immaterial as to the applicability of the homeowners’ exemption. Rather, the determinative factor in this case is the residential purpose of the property. The court found that the premises qualified for the homeowners’ exemption because it served no commercial purposes. Our client did not receive or collect rent from her family, and if the property is sold the proceeds would go to the family. The court further agreed that deposition testimony and video of the accident establishes that our client did not have authority to supervise or control the methods or means of the plaintiff’s work, and that the accident occurred because of the manner in which the work was performed and not the result of a dangerous condition on the property. 

Eric G. Cheng

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