Overview
Michael J. Vardaro, Managing Partner at Zetlin & De Chiara LLP, is a former construction worker with a degree in civil engineering who focuses his practice on construction litigation, drafting and negotiating construction contracts, and providing advice to a variety of construction industry clients.
Mr. Vardaro's unique background gives him the ability to understand the intricacies and nuances of the construction process and to provide focused and innovative counseling to clients ranging from construction companies to owners/developers to architects and engineers.
Mr. Vardaro successfully represents clients in complex commercial and construction litigation matters in venues across the country. He has extensive experience resolving claims through mediation as well as representing clients before administrative boards and arbitration panels.
In addition to dispute resolution, Mr. Vardaro drafts and negotiates complex construction contracts for various project types around the world and regularly counsels clients with respect to professional licensing, corporate organization and transition, general business matters, risk management and insurance issues. He works extensively with regard to advancements in the construction process, including design build, integrated project delivery (IPD), building information modeling (BIM), and sustainable/green design and construction. Other relevant experience includes representing clients in international matters including in the Middle East.
Mr. Vardaro is well known for expertise on the ethics of construction, and is a frequent speaker on the topic. He has a particular interest in the Citicorp building in midtown Manhattan and the ethical issues that arose many years after that project was completed. He appeared on the Science Channel series Engineering Catastrophes to discuss problems with the building's design.
Mr. Vardaro was named a Fellow of the Construction Lawyers Society of America. He was recognized for his experience and expertise as a leading construction lawyer by Chambers USA, The Legal 500 United States, The Best Lawyers in America, Super Lawyers and has received the notable AV from Martindale-Hubbell. Mr. Vardaro has also been a featured guest lecturer at Columbia University and New York Polytechnic University speaking about legal issues in the construction industry.
Mr. Vardaro is a member of the Board of Directors of the Center for Active Design. He is also a member of the New York Building Congress and the American Council of Engineering Companies.
Michael Vardaro was featured in Engineering Catastrophes, Science Channel.
Experience
Representative Matters
Mr. Vardaro successfully represents clients in complex commercial and construction litigation matters in venues across the country. He has extensive experience resolving claims through mediation as well as representing clients before administrative boards and arbitration panels.
In addition to dispute resolution, Mr. Vardaro drafts and negotiates complex construction contracts for various project types around the world and regularly counsels clients with respect to professional licensing, corporate organization and transition, general business matters, risk management and insurance issues.
The following are select representative matters:
- 10.26.2020
- 02.10.2020
- 04.21.2020
Honors
Fellowships
Honors & Recognitions
- The Legal 500
- Super Lawyers
- Martindale-Hubbell AV Rating
News & Events
News
- 02.04.2025Multi-Housing News
Zetlin & De Chiara LLP Managing Partner, Michael J. Vardaro was quoted in Multi-Housing News on New York City’s mixed-use midtown rezoning plan.
- 08.15.2024
Zetlin & De Chiara LLP is proud to have 15 attorneys recognized in the 2025 edition of The Best Lawyers in America for their work in construction law and construction litigation in New York and New Jersey, including six associates who were recognized as Best Lawyers: Ones to Watch.
- 08.21.2022Bisnow
In an article on construction materials costs, Michael Vardaro, Managing Partner is quoted:
...The cost increases haven’t dampened demand, with construction for industrial and warehouse properties pushing ahead at full steam, Zetlin & De Chiara LLP Managing Partner Michael Vardaro told Bisnow.
“I think we've seen certain things in the housing sector that maybe don't translate exactly in the commercial and industrial sectors, because those sectors, we've seen continued interest and people are moving forward with projects,” Vardaro said. “I won't say that everyone is not worried about the future, but they seem to be moving forward cautiously.”
- 06.01.2022Chambers USA
Zetlin & De Chiara LLP continued to be recognized as leaders in the Construction sector, with the firm and five of its partners receiving high rankings in the Chambers USA ranking of America’s leading business lawyers.
- 09.30.2021
Leading construction law firm Zetlin & De Chiara LLP announced today that eleven of the firm’s partners were selected to Super Lawyers 2021, part of Thomson Reuters. One associate was chosen for the Rising Star list.
- 06.10.2021Legal 500
Zetlin & De Chiara was named a Band 1 Construction Law firm in the United States by the Legal 500 US in its annual guide.
Described as a "boutique construction law firm with a deep bench and understanding of how a construction project is built and how to address disputes when they happen,” Zetlin & De Chiara is routinely involved in projects across the US and internationally. Legal 500 selected Michael Zetlin, Michael De Chiara and Michael Vardaro to the Leading Lawyers list. Michael De Chiara was praised as an “expert in the field.” Michael Zetlin was lauded for his representation of national and multi-national construction companies as well as premier owners, developers and contractors. Other members of the “very pragmatic” team who were recognized were Tara Mulrooney and Jim Terry.
- 11.05.2020
New York, NY (November 5, 2020) - Leading construction law firm Zetlin & De Chiara LLP announced today that ten of the firm’s attorneys were selected to Super Lawyers 2020, part of Thomson Reuters. An annual attorney rating service, Super Lawyers recognizes outstanding lawyers who have attained a high level of professional achievement and are well respected by their peers and colleagues. The selection process, culling from over 70 practice areas, includes independent research, peer nominations and peer evaluations.
- 04.26.2020Newsday
Billy Joel's litigation with a former contractor over work performed in his Long Island home was featured in an article in Newsday. The rockstar is being represented by Zetlin & De Chiara LLP. The firm is quoted in the article.
- 09.25.2019
Eleven Zetlin & De Chiara LLP Attorneys Recognized by Thomson Reuters’ Super Lawyers 2019
- 09.11.2019
Zetlin & De Chiara LLP has been recognized as a leading construction law firm by The Legal 500 US in its annual guide.
CREWNY, Commercial Real Estate Women New York, announced boutique construction law firm Zetlin & De Chiara LLP as the recipient of the 2018 Sponsor of the Year Award. For nearly 20 years, the firm has supported CREWNY’s dedication to the advancement of professional women in commercial real estate through networking, education and leadership development.
Those in the construction industry may see themselves as traditional practitioners of an ancient trade, but as modern technology increasingly finds its way into their work, construction lawyers and their clients...
Zetlin & De Chiara LLP has been recognized for as a leading construction law firm by Legal 500 US in its annual guide.
As the healthcare industry evolves and healthcare facilities become increasingly specialized, these hospitals, ambulatory centers and other tertiary facilities are among the most expensive buildings to construct. To address the issues, two of the firm’s attorneys, Michael Zetlin and Michael Vardaro, will participate in national healthcare conferences this month.
- 2009Building With BIMNew York Construction
An article titled “Building With BIM” was published in the July 2009 issue of New York Construction with commentary by Michael J. Vardaro.
- 01.01.2009
- In the January 14th, 21st and 28th issue of Crain’s New York Business, the recent partner promotions of Lori Samet Schwarz and Michael Vardaro were announced.
In the January 14th, 21st and 28th issue of Crain’s New York Business, the recent partner promotions of Lori Samet Schwarz and Michael Vardaro were announced.
Speaking Engagements
- 05.05.2022Virtual and Sheraton New York Times Square
Michael J. Vardaro, Zetlin & De Chiara LLP
Joeann Walker, Con Edison
Michael Hanahan, Perkins Coie
Sweet Dreams (Are Made of . . . Good Contracts): Understanding and Navigating the Ancillary Contracts in Construction
Michael Vardaro, Managing Partner, will join a panel at the ABA Forum on Construction Law to discuss the nuances of construction contracts. In-house counsel frequently draft and negotiate core construction contracts, but projects often require a variety of other specialized ancillary agreements, including joint venture arrangements, special project access issues, non-disclosure and confidentiality, unusual project finance, letters of intent, and other issues. You can sleep soundly when you have adequately papered the deal for these critical, and often unique, situations.
This session will equip counsel to recognize the need for an ancillary agreement as well as the purposes, principal components, and strategies for negotiating such specialized contracts.
- 01.30.2022Albany Capital Center 55 Eagle Street Albany, New York 12207 United States
Michael Vardaro, LEED AP, Managing Partner | Zetlin & De Chiara LLP
Tabitha M. Croscut, Shareholder and Chair | Devine, Millimet & Branch, P.A.
Steve Gido, CFA, Principal | Rusk O'Brien Gido + Partners
Campbell Wallace, Esq., NYS Director of Government Relations | ACEC New York
Moderator: Rob Brewer, CPA, CCIFP, Partner, Architecture & Engineering Practice Leader | Grassi Advisors & Accounting
Michael Vardaro, Managing Partner, will participate in a panel on Mergers, Acquisitions and ESOP: The Future of A/E/C Management at the ACEC New York Winter Conference. The panel, part of the CFO/Business Managers Agenda will feature industry leaders who will provide their views on how mergers and acquisitions, as well as pending ESOP legislation, will affect engineering firms in the near and distant future.
- 10.02.2020Virtual
Michael J. Vardaro, Managing Partner
Michael Vardaro, Managing Partner of Zetlin & De Chiara LLP, was invited by CREW NY, the NYC chapter of the CREW International Network, to participate in a high-level discussion about Diversity and Inclusion. CREW NY is dedicated to the advancement of women in commercial real estate.
- 09.15.2020Online
Michael J. Vardaro, Zetlin & De Chiara LLP
Ken Simons, The Associated General Contractors of America
Frank Giunta, HKA Global
Michael Vardaro will discuss how COVID-19 is shaping our economy as a member of an ABA Construction Law Forum panel . Contrarian investors and companies find opportunities in good times and bad. More than half a year into the COVID-19 crisis what sectors of the economy are prospering in spite or because of the pandemic? How will these developing trends shape the future of the construction economy?
- 05.05.2020WEBINAR
Tara Mulrooney, Zetlin & De Chiara LLP; Mitch Simpler-JB&B; Joanna Frank-Center for Active Design; Christopher Sharples-SHoP Architects; Andrew Demming-Gardiner & Theobold
The Post Pandemic Office: Perspectives on the New Normal. A recording of the webinar, Panelists' Questions & Answers and a Program Summary can found be below.
- 04.02.2020Webinar
Michael Vardaro, Managing Partner
Michael Vardaro, Zetlin & De Chiara's Managing Partner, provided insights on COVID-19 construction contract issues and overall business advice to senior-level Architecture and Engineering executives. He was a member of a panel of experts who shared their views in an interactive virtual roundtable format. The speakers provided practical and timely advice in an uncertain business environment.
- 11.15.2019San Diego
Michael J. Vardaro
Michael Vardaro and fellow speakers: Elena Brescia-SCAPE; Gregg Garmisa-Studio Gang; and Stephen Whitehorn-Empowerment Whitehorn will provide an insider's guide to contracts.
- 08.20.2019Center for Architecture
Michael J. Vardaro - Managing Partner
Patricia A. Harris - Special Counsel & Founder and CEO of LicenseSure LLC
State laws and regulations affecting architectural practice are voluminous, conflict from state to state, and can impact fundamental aspects of doing business—including licensing, entity formation, marketing, branding and solicitations. For those unaware of or failing to heed the rules, these laws and regulations can result in disciplinary proceedings. This seminar will highlight specific areas where firms, often inadvertently, breach local laws or ethical rules, and will address when regulatory authorities are likely to look for violations.
- 11.30.2018
Michael Vardaro, Moderator
Keith J. Stevens - L’Abbate, Balkan, Colavita & Contini, LLP; Vince Cammalleri - Simpson Gumpertz & Heger; Charles F. Boland - GREYHAWK; Nathaniel B. Smith - Simpson Gumpertz & Heger
- 2017Multijurisdictional Practices: An Exploration of the Financial, Legal and Marketing Issues related to Providing Services through Multiple Entities - CFO Forum
Michael Vardaro, Moderator
Patricia Harris - LicenseSure
- 11.2015Bisnow’s 6th Annual NYC Construction & Development Summit
- 08.2013Ethics for Design Professionals Webinar
- 06.2013AIA Trust Risk ManagementAIA National Convention
- 06.2013Legal Issues in BIM
- 07.2012Ethics for Architects & Engineers
- 04.2012Bada Bing, Bada BIM: Sorting Through the Sizzle to Draft Meaningful BIM Contract Terms
- 03.2012BIM Legal Risk - Real or Imagined?
- 03.2012The Legal Risk of BIM
- 02.2012Engineering Ethics for International Projects
- 11.2011Energy, Energy, Energy
- 10.2011Fall Business Conference: Ethics for Engineers
- 05.201150th Annual Meeting of Invited Attorneys - The Citicorp Center Project: LeMessurier Stands Tall
- 05.2011BIM Legal Risk – Real or Imagined?
- 05.2011Engineering Ethics: Making the Right Choice
- 01.01.2011Ethics for Engineers
- 10.2010AIA New York State Convention: Is Your Firm Addressing Green Building Issues?
- 07.2010The Virtual Contractor: The Next Generation of Construction Contractors
- 07.2009Construction Contract Negotiations
- 11.2008AIA/ACEC Special Advisory Risk Management Committee Meeting: Insurance Perspectives
- 10.2008Architect Symposium: Ownership Transition
- 09.2008AIA New York State Convention - BIM: What Architects Need to Know
- 08.2008It's a BIM New World: The Next Revolution in Design and Construction Technology
- 06.2008AIA/ACEC Special Advisory Risk Management Committee Meeting: When the Crane Falls
- 02.2008New Contract Form
- 11.2007Second Annual BIM Symposium
- 12.2006Construction Scheduling
- 11.2006Design Build
- 10.2006New York State Next Generation Housing Convention: Design Build Project Delivery Alternative
- 05.2006ACEC Contracts Committee: Building Security Design
Publications
- 07.21.2022
It is no secret that the licensing rules regulating engineers, architects, and other design professionals in New York are amongst the strictest in the nation. This strict regulatory framework has hampered the ownership desires of many design professional firms. On July 21, 2022, New York Governor Hochul signed into law an amendment to the DPC law that allows an ESOP to own 100% of a Design Professional Corporation (DPC) starting in July 2024.
- 04.13.2022
New York State has significantly expanded the requirements covering disclosure of insurance-related information in commercial litigation commenced on or after December 31, 2021.
Governor Kathy Hochul signed the Comprehensive Insurance Disclosure Act into law on December 31, 2021, and signed a remedial law on February 24, 2022, to limit some of the more onerous and worrisome aspects of the new disclosure regime (together the “Act”). The Act amends a subsection of the Civil Practice Law and Rules (“CPLR”) governing the scope of disclosure under CPLR 3101(f) and added certification requirements under CPLR 3122-b.
- 03.29.2022
In recent weeks, there has been a long list of companies, from all industries spanning from construction/engineering to fashion and hospitality, that have announced that they are completely severing ties with Russia, while a host of others have announced a temporary halt. See Jeffrey A. Sonnenfeld, Over 400 Companies Have Withdrawn from Russia – But Some Remain, Yale School of Management (Updated Mar. 21, 2022), https://som.yale.edu/story/2022/over-400-companies-have-withdrawn-russia-some-remain?utm_campaign=mb. For those developers, EPC contractors, and design professionals (engineers and architects) who have construction projects in Russia, the question is, “How should we proceed?”
- 10.07.2021
On October 7, 2021, the New York City Council passed sweeping updates to the City’s building codes. The comprehensive revision to the Codes contains 600 major updates and thousands of smaller changes, intended to improve safety and incorporate the latest in building technologies.
The code revisions are the first holistic update to the entire set of NYC Administrative, Plumbing, Building, Mechanical and Fuel Gas Codes since 2014. The revisions were drafted by technical committees comprised of engineers, architects, attorneys, planners, tradespeople, representatives of the construction industry, labor, real estate industry, utility companies, as well as DOB and interagency stakeholders.
- 05.05.2020
Cities with their dense population, crowded public transportation system and busy high-rise office buildings, presents many challenges in the prevention of the spread of the COVID-19. As Governors across the country prepare for the return to the workplace, employers and building owners have embarked on plans for re-opening the office.
On May 5, 2020, Zetlin & De Chiara LLP hosted a webinar that discussed the Post Pandemic Office. The expert panel including, Mitch Simpler-JB&B, Andrew Demming-Gardiner & Theobold, Joanna Frank-Center for Active Design, Christopher Sharples-SHoP Architects, and moderated by Z&D Partner Tara Mulrooney, offered its perspectives on what steps should be taken immediately and how offices might change in the future.
- 05.05.2020
Cities with their dense populations, crowded public transportation systems and busy high-rise office buildings, present many challenges in the prevention of the spread of the COVID-19. As Governors across the country prepare for the return to the workplace, employers and building owners have embarked on plans for re-opening the office.
On May 5, 2020, Zetlin & De Chiara LLP hosted a webinar that discussed the Post Pandemic Office. The expert panel including, Mitch Simpler, Jaros, Baum & Bolles, Andrew Demming-Gardiner & Theobold, Joanna Frank-Center for Active Design, Christopher Sharples-SHoP Architects, and moderated by Z&D Partner Tara Mulrooney, offered its perspectives on what steps should be taken immediately and how offices might change in the future.
- 01.02.2020
As 2019 drew to a close, Governor Cuomo signed a bill on December 31st that had been passed by the New York State Legislature in June allowing certain New York City agencies to use the design-build project delivery system for construction projects.
- 10.23.2018
Summer turned up the heat at Zetlin & De Chiara LLP where we were involved in two of the most prominent construction cases in the nation. With attorneys airborne between the East and West Coasts, the office has been busy on the ground with client matters, fielding questions from the press, speaking at industry events and supporting community and professional organizations. Even as the temperature outside cools, our high level of activity shows no signs of chilling.
- 10.12.2017
- 01.2017With New President Bullish on Building, Opportunity and Challenge Lie AheadReal Estate Weekly
- 04.2012Bada Bing, Bada BIM: Sorting Through the Sizzle to Draft Meangingful BIM Contract TermsABA National Convention
- 02.2012New York's Design Professional Service Corporations: The New ChoiceZetlin & De Chiara LLP Review
- 07.2011Plugging Into Green To Power New YorkReal Estate Weekly
- 12.2010Construction and Corruption: The Foreign Corrupt Practices ActZetlin & De Chiara LLP Review
- 12.2010Greening the Globe: United Nations Developing Worldwide Building Emissions Monitoring StandardsZetlin & De Chiara LLP Review
- 11.2010USGBC Seeks Feedback on Proposed LEED Rating SystemsZetlin & De Chiara LLP News Bulletin
- 2009Weighing the Issues on BIM TechnologyZetlin & De Chiara LLP Review
- Spring 2008Doing Public Construction in NY? Wicks Law Changed Effective July 1stHammer Magazine
- 11.2005NYC to Require LEED Certification on New ProjectsNY Real Estate Journal
- 01.2004Implications of NYC's Building Code ChangesReal Estate Weekly
- 03.2003Design and Construction Entities and LicensingNew York Construction Law, Aspen Publishers
Affiliations
General Counsel / Board Membership
Organizations
- American Bar Association
- American Council of Engineering Companies - Member, Legal Counsel Forum
- American Society of Civil Engineers
- Center for Active Design - Board Member
- Florida Bar Association
- New York Building Congress - Member, Energy, Environment, Public Procurement, Healthcare Committees
- New York State Bar Association
Education
St. John's University, J.D.
Villanova University, B.C.E Civil Engineering
Admissions
- New York
- Florida
- New Jersey
Court Admissions
- U.S. Supreme Court
- U.S. Court of Appeals, Second Circuit
- U.S. Court of Appeals, Sixth Circuit
- U.S. District Court, District of New Jersey
- U.S. District Court, Southern District of Florida
- U.S. District Court, Eastern District of New York
- U.S. District Court, Northern District of New York
- U.S. District Court, Southern District of New York
- U.S. District Court, Western District of New York
- U.S. District Court, District of Vermont