Chad W. Flansburg

Partner Rochester
Chad Flansburg

A trial lawyer with extensive first-chair trial experience, Chad represents clients in all facets of complex commercial litigation and has tried numerous civil and criminal cases (jury and non-jury) to verdict in both state and federal courts.

Chad has argued countless appeals before state and federal appellate courts, including the New York Court of Appeals, the Appellate Divisions of the State of New York and the United States Court of Appeals for the Second Circuit.

Chad’s clients represent virtually every sector of the construction industry—from developers and owners to general contractors and subcontractors to material suppliers and manufacturers—in both private and public commercial projects and litigation. Clients also include global exhibitions and events participants, including owners, insurance and surety companies, general contractors and subcontractors.

He has worked on cases throughout the United States including matters involving breach of contract, lien and bond claims, surety takeover agreements, construction defect claims and product liability disputes over building materials. His work on claims ranges from bond claims, owner defaults, contractor defaults, delay claims, design and construction defects, bid challenges and mechanics’ lien claims, to the litigation and trial of complex construction and surety disputes.

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Honors & Awards

  • The Daily Record, Power 20 Litigation List, 2022-2023
  • Honoree of the New York State Bar Association Empire State Counsel® Program for Pro Bono Work, 2011-2013
  • Up & Coming Attorney, The Daily Record, 2008
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Education & Admissions

Education
  • Georgetown University Law Center, J.D., 2002
  • Virginia Military Institute, B.A. (International Studies), 1998
Admitted to Practice
  • New York
  • U.S. District Court, Eastern, Northern, Southern and Western Districts of New York
  • U.S. Bankruptcy Court, Northern and Western Districts of New York
  • U.S. Court of Appeals, Second Circuit

Experience

Representative Matters
  • Represent a national building control system manufacturer in construction and surety claims and litigation throughout the United States. 
  • Represent a leading general service contractor in all facets of disputes and litigation throughout the United States.
  • LeChase Constr. Servs. v. Argonaut Ins. Co., No. 21-1748, 2023 WL 2604253 (2d Cir. Mar. 23, 2023)
  • J.B. Sterling Co. v. Verhelle, 397 F. Supp. 3d 286 (W.D.N.Y. 2019), reconsideration denied, No. 6:15-CV-06271 EAW, 2020 WL 3581276 (W.D.N.Y. July 2, 2020)
  • Liberty Home Funding, Inc. v. Maher, No. 0007804/2015 (Sup. Ct. Monroe Cty. Oct. 4, 2018)
  • Wells Fargo Bank N.A. v. LLHC Realty, LLC, No. 6:15-cv-06680-FPG-MWP, 2018 WL 4362084 (W.D.N.Y. Sept. 13, 2018)
  • RES Exhibit Servs., LLC v. Genesis Vision, Inc., 155 A.D.3d 1515 (4th Dep’t 2017)
  • Bero Family P’ship v. Elardo, 122 A.D.3d 1279 (4th Dep’t 2014)
  • Xtreme Xhibits, Inc. v. N. Am. Specialty Ins. Co., Index No. 2011-2290, Index No. 12-2075 (Sup. Ct. Monroe Cty. Dec. 31, 2014)
  • RES Exhibit Servs., LLC v. Tecan Grp., Ltd., Index No. 2009/13815 (Sup. Ct. Monroe Cty. Feb. 21, 2014)
  • Doe v. State of New York, UID # 2010–042–503, Claim No. 111417, Motion No. M–77111 (N.Y. Ct. Cl. 2010)
  • RES Exhibit Servs., L.L.C. v. Tecan Grp., Ltd., No. 09-CV-6659, 2010 WL 2545772 (W.D.N.Y. June 21, 2010)
  • In re Estate of Randall, 73 A.D.3d 1465 (4th Dep’t 2010)
  • Henrietta Piping, Inc. v. Antetomaso & Micca Grp., L.L.C., 67 A.D.3d 1375 (4th Dep’t 2009)
  • Murphy v. Fairport Cent. Sch. Dist., 48 A.D.3d 1037 (4th Dept. 2008)
  • Lopez v. Flight Servs. & Sys., Inc., No. 07-CV-6186 CJS, 2008 WL 203028 (W.D.N.Y. Jan. 23, 2008)
  • Kost v. Wild Wood Rush, Inc., 52 A.D.3d 1246 (4th Dept. 2008)
  • People v. Estrella, 48 A.D.3d 1283 (4th Dept. 2008), aff’d, 10 N.Y.3d 945 (2008)
  • Moran v. Erk, 45 A.D.3d 1329 (4th Dept. 2007)
  • Ebenezer Baptist Church v. Little Giant Mfg. Co., 28 A.D.3d 1173 (4th Dept. 2006)
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Speaking Engagements

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  • Presenter, “Investigations in the Age of Geosocial Data,” Monroe County Bar Association, May 2022
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Activities & Professional Associations

Present Activities

  • Genesee Valley Master’s Swimming Club
  • Monroe County Bar Center for Education, Evidence Institute, Co-Chair

Past Activities

  • Farmington Chamber of Commerce, Board Member
  • Farmington Republican Committee
  • FoodLink, Inc.
    • Board of Directors
    • Secretary
    • Executive Committee Member
  • Ontario County Republican Committee
  • Town of Farmington
    • Town Board of Assessment Review, Member

Professional Associations

  • American Bar Association
    • Business Law Section
    • Litigation Section
  • Canandaigua Chamber of Commerce
  • Monroe County Bar Association
    • Litigation Section
  • New York State Academy of Trial Lawyers
  • New York State Bar Association
    • Commercial & Federal Litigation Section
    • Trial Lawyers Section

Articles & Publications

Articles

  • Author, “Tips for Obtaining Appropriate Business Insurance Coverage,” Rochester Business Journal, October 2021
  • Author, “Avoiding Unenforceable Liquidated Damages Clauses,” Phillips Lytle Newsletter Beyond Dispute, May 2017