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Nathan Dee is a partner in the firm’s Banking and Financial Services department. He practices in the areas of financial restructuring, bankruptcy, creditors’ rights, and construction litigation. Nathan represents companies and individuals as debtors and creditors in bankruptcy proceedings in a wide range of industries, including heavy construction, parking, utilities, shipping, finance, and legal.

Nathan’s litigation experience includes representing clients in matters involving “business divorce” cases involving dissolution and other commercial disputes between co-owners of closely held business entities and also complex construction claims in the federal and state courts, alternative dispute resolution (ADR) proceedings, including mini-trials, arbitrations, and mediations involving public and private owners.  He has successfully resolved claims for construction clients based on delay, design changes and omissions, changed or unforeseen conditions, disruption, loss of productivity, significant changes in the character of work, and defective construction.

Areas of Concentration

  • Parking 
  • Shipping and Maritime 
  • Construction 
  • Business reorganization and financial restructuring

Practice Areas

Industries

Admissions

  • Massachusetts
  • New York
  • U.S. District Court for the District of Massachusetts
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York

Education

  • J.D., Suffolk University Law School, cum laude, 1999
  • B.A., Hamilton College, 1988

Representative Experience

  • Representing a large general contractor with multiple breach of contract claims for delay, extra work and lost productivity against the City of New York arising out of a public works project for the replacement of the Westchester Avenue bridge and roadway.
  • Represented general contractor in multiple breach of contract claims for delay, extra work and lost productivity on three separate projects against the City of New York arising out of the renovation or rehabilitation of a music theater, a community center and the Olmsted Center in Flushing, Queens.
  • Represented co-owners of three closely held business entities in a business dissolution involving an operating marina, boat repair shop and related real property.
  • Represented co-owner of closely held corporation with multiple tiers of subsidiary entities in a “business divorce” regarding a full service marine terminal.
  • Represented NYC large parking operator in an out of court restructuring including corporate governance matters, out-of-court negotiations with key stakeholders and an internal restructuring involving over two hundred operating subsidiaries.
  • Represented private equity fund owners of Mid-Atlantic construction group in connection with corporate governance, divestiture and wind-down of operations across multiple operating entities in multiple states.
  • Represented mechanical contractor as special counsel against a municipality on a complex construction claim arising out of the public works project for the Croton Water Treatment Plant.
  • Represented a general contractor in its Chapter 11 bankruptcy case that includes confirmation of a plan based upon recoveries on breach of contract claims against various municipal agencies.
  • Represented multiple heavy construction companies in breach of contract and delay claims against public and private owners.
  • Represented Navillus Tile, Inc. in its Chapter 11 bankruptcy case resulting in confirmation of a consensual plan and company’s successful emergence from bankruptcy.
  • Represented concrete contractor in bankruptcy case resulting in confirmation of Chapter 11 plan funded by a multi-million-dollar settlement of a delay claim arising out of a public construction contract with the Port Authority of New York and New Jersey.
  • Represented heavy civil construction company in bankruptcy case resulting in confirmation of Chapter 11 plan funded by proceeds of multiple construction claim litigations against various New York City public agencies.
  • Represented heating and cooling subcontractor in bankruptcy case resulting in confirmation of Chapter 11 plan providing for payment in full of all creditor claims, reorganization of the business and its successful emergence from bankruptcy.
  • Represented heavy civil highway contractor in out-of-court restructuring through the formation of a partnership with another construction firm.
  • Represented multiple heavy construction companies in the mediation of disputes arising out of public construction contracts with the City of New York and its related agencies.
  • Represented global shipping company in bankruptcy case resulting in confirmation of a Chapter 11 plan and the successful reorganization and emergence of business from bankruptcy.

Professional and Community Activities

  • NY Adjunct Professor for Bankruptcy and Creditors Rights, New York Law School, 2011—2014
  • Member, American Bankruptcy Institute, 2008—Present
  • Member, Construction Financial Management Association, 2017—Present

Publications

  • Is New York State DOT’s Standard Settlement Agreement an Illusory Promise? Construction Accounting and Taxation (Jan-Feb 2010)