Donald J. Hillmann
Phone:
518-320-3438
Email:
dhillmann@couchwhite.com
Practice Areas: Construction,Commercial and Complex Litigation,Real Estate,
Education
Don is chair of the Firm’s Construction and Litigation practice groups. He routinely represents clients in State and Federal courts, in addition to arbitration/mediation proceedings. He is experienced in all aspects of dispute resolution, from early claim preservation to trial. He also represents clients before governmental agencies such as the Department of Transportation, Department of Labor, and Office of General Services.
A substantial portion of Don’s practice is dedicated to the construction industry. He frequently drafts and negotiates construction contracts, joint ventures, teaming agreements, and other similar arrangements. He helps clients navigate the rules, regulations, and laws affecting public and private work project. These include procurement matters, D/M/WBE compliance, competitive bidding, prevailing wages, mechanics’ liens, insurance, bonding, indemnity, and Labor Law liability, among others.
Don is outside general counsel to a number of closely-held corporations. He provides prompt legal advice on general business matters, transactional and corporate governance, and labor and employment issues.
He also represents clients in real estate transactions, zoning challenges, and tax certiorari proceedings.
Don is a Fellow of the Construction Lawyers Society of America, which is an invitation-only construction lawyer honorary society. Fellowship is offered after evaluation for effectiveness and accomplishment in construction law, along with ethical reputation. He was selected by Super Lawyers as a Rising Star from 2016 – 2017; and as a Super Lawyer in 2020, 2021, 2022, 2023, and 2024.
Admissions
- New York State Courts
- Connecticut State Courts
- United States District Court for the Northern, Southern and Eastern Districts of New York
Professional Experience
- Representing contractors, subcontractors, owners and developers, and design professionals in all aspects of their business, including contract formation and dispute resolution, delay claims, construction defect claims, surety/bonding matters, insurance matters, mechanics’ liens and foreclosures, and vendor disputes.
- Litigating commercial claims, complex multi-party disputes, claims under the Uniform Commercial Code, labor law defense, tort actions, and matters concerning the use of real property.
- Assisting clients in matters pertaining to prevailing wages, competitive bidding, and labor agreements.
- Achieving real property tax reductions for clients in tax certiorari proceedings.
- Negotiating and drafting complex commercial contracts, sales and purchases, loan agreements, construction contracts, leases, real property agreements, vendor purchase/sale contracts, easements and licenses, and other transactional agreements.
- Preparing non-compete/non-solicitation contracts, confidentiality agreements, and non-disparagement contracts.
- Representing clients in Surrogates Court litigation.
- Served as a sergeant in the United States Marine Corps.
Memberships
- Albany County Bar Association
- New York State Bar Association
- American Bar Association
- Rated by Super Lawyers in the Upstate New York Edition for Construction Litigation
- Named to the 2025 Best Lawyers in America in the practice area of Litigation - Construction
