Erin C. Borek

Partner Buffalo

Erin advises and represents companies, individuals and not-for-profit organizations in a variety of complex commercial litigation matters, with a focus on construction and contractual disputes.

Erin concentrates her practice in the area of civil litigation, with a focus on construction and commercial litigation matters, including breach of contract claims, payment disputes, lien foreclosures, delay claims and commercial torts. She also represents clients in government and internal investigations.

As part of her practice, Erin advises clients on e-discovery issues and regularly manages complex and high-volume document reviews. She has experience briefing and arguing appeals in both federal and state courts, including the New York Appellate Division, Fourth Department, New York Supreme Court, Western District of New York, and New Jersey Superior Court.

Erin frequently presents to various construction groups on a variety of topics including municipal contracts, the Prompt Payment Act, minority- and women-owned business enterprise requirements and evolving case law concerning industry-specific contractual terms and obligations.

Before practicing law, Erin taught physics and general science at a Greater New Orleans high school through the Teach for America program. Erin also previously served as a law clerk on the United States District Court for the Eastern District of Pennsylvania.


Honors & Awards

  • City & State, Construction Power 100, 2023
  • Named Upstate New York Super Lawyers® Rising Star, 2020-2023
  • Named to Best Lawyers: Ones to Watch in America®
  • Named to The United States District Court for the Western District of New York Pro Bono Honor Roll, 2021
  • Honoree of the New York State Bar Association Empire State Counsel® Program for Pro Bono Work, 2017-2018, 2020

Education & Admissions

  • University of Pennsylvania Law School, J.D., magna cum laude, 2013
  • Johns Hopkins University, B.S., 2008
Admitted to Practice
  • New York
  • New Jersey
  • Pennsylvania
  • U.S. District Court, District of New Jersey
  • U.S. District Court, Eastern, Northern, Southern and Western Districts of New York
  • U.S. District Court, Eastern District of Pennsylvania
  • U.S. Court of Appeals, Second Circuit
Judicial Clerkship
  • Honorable Juan R. Sánchez, United States District Court for the Eastern District of Pennsylvania, 2013-2015


Representative Matters
  • Successfully defended general contractor against multimillion dollar claims asserted by subcontractor in two separate New Jersey state court proceedings, reaching a favorable settlement and avoiding Prompt Payment Act liability.
  • Represented behavioral health services not-for-profit organization in an Article 78 proceeding, successfully preventing the New York State Department of Health from improperly recouping payments related to mental health services.
  • Represented large not-for-profit in multiyear government investigation concerning the allocation of government funding for various projects, successfully avoiding millions of dollars in sanctions and fines.
  • Represented large general contractor in multistate and multijurisdictional litigation involving contract, tort and delay claims, successfully obtaining summary judgment on opponent’s trade secret claims.
  • Represented construction manager in dispute with former business partner concerning the transition of the management of several multimillion dollar projects.
  • Represented residential owners in dispute with former general contractor concerning claims arising out of a million-dollar renovation and new build project.
  • Represented large, provisional home care services company in malpractice claim against former attorney.

Speaking Engagements

View All
  • Panelist, Girls in the Trades Day, Women in Construction Week, March 2024
  • Presenter, “Top 10 Necessary (and Unnecessary) Contract Terms,” Construction Exchange of Buffalo & WNY, Inc., May 2023
  • Co-Presenter, “No One Ever Thinks They are Going to Be Sued,” Phillips Lytle Breakfast Briefing Webinar, February 2023
  • Presenter, “Pay-If-Paid, Pay-When-Paid Construction Contract Clauses: Avoiding Nonpayment, Jurisdiction, and Other Key Issues,” Strafford, January 2023
  • Speaker, “Litigating Police & Prison Abuse Cases,” 4-Part Series, Phillips Lytle and Minority Bar of Western New York, October & November 2021
  • Presenter, “Whistleblowers at the Gates!,” Niagara Frontier Corporate Counsel Association CLE Event, June 2017

Activities & Professional Associations

Present Activities

  • Girl Scouts of Western New York, Board of Directors
  • Volunteer Lawyers Project, Volunteer
  • YMCA Buffalo Niagara, Board of Directors

Past Activities

  • Beyond Dispute (Phillips Lytle’s Business Litigation newsletter), Editor
  • Big Brothers Big Sisters Southeastern Pennsylvania, Mentor, 2014-2015
  • Niagara SPCA, Board of Directors
  • Temple University, Introduction to Business Law, Teaching Assistant, 2014-2015
  • University of Pennsylvania Law Review, Online Executive Editor

Professional Associations

  • American Bar Association
    • Litigation Section
    • Young Lawyers Division
  • Bar Association of Erie County
  • National Association of Women in Construction
  • New York State Bar Association
    • Commercial & Federal Litigation Section
    • General Practice Section

Articles & Publications


  • Author, “The Risks and Rewards of Drone Use in Construction Projects,” The Daily Record, September 2023
  • Author, “Pay-When-Paid Provisions Still Unenforceable in New York State,” National Law Review, October 2022
  • Author, “Limiting Legal Exposure in the Construction Industry,” Beyond Dispute, Phillips Lytle Commercial Litigation Newsletter, June 2021
  • Co-Author, “The Employer’s Duty to Preserve Employee Cellular Phone Data,” Beyond Dispute, Phillips Lytle Commercial Litigation Newsletter, February 2019
  • Co-Author “White Collar Corner: Hold the Phone: The Duty to Preserve Cellular Phone Data,” The Daily Record, November 2017
  • Co-Author “White Collar Corner: The Yates Memo: One Year Later,” The Daily Record, August 2016
  • Co-Author “White Collar Corner: Reasonable Interpretation vs. Knowing Lie – How Tax Fraud is Enforced as a False Claim in New York,” The Daily Record, December 2015


  • Co-Author, “US Regional Real Estate – New York,” Chambers Global Practice Guide, May 2023
  • Co-Author, “US Regional Real Estate – New York,” Chambers Global Practice Guide, June 2022
  • Co-Author, “US Regional Real Estate – New York,” Chambers Global Practice Guide, May 2021
  • Co-Author “USA Regional Real Estate – New York,” Chambers Global Practice Guide, May 2020