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About me

Timothy D. Boldt, Partner, is an experienced commercial litigator and counselor, focusing on the unique needs of sureties, contractors, subcontractors, and construction managers. Mr. Boldt works with clients through all aspects of dispute resolution, including compliance with complex contractual and statutory claims procedures, informal and formal mediation, arbitration and litigation in New York’s state and federal court systems. Although Mr. Boldt is a New York attorney, he handles matters wherever clients have disputes and has been admitted pro hac vice  in other states. 


 


Since joining the firm, Mr. Boldt has played an intricate role in several complex multi-million dollar disputes including matters against the State of New York, an internationally known design firm and a general contractor of similar repute. Mr. Boldt also has significant experiences handling smaller value disputes, including small subcontractor and homeowner disputes that benefit from creative, cost-sensitive legal tactics. Mr. Boldt also handles personal injury defense cases. In addition to litigation, Mr. Boldt is an experienced construction counselor and advises clients with respect to all matters impacting construction companies, including general risk management, pre-award contract analysis, statutory and regulatory compliance including disputes with New York State agencies, change order disputes and claims handling, contract interpretation and collection/judgment enforcement issues.   


 


With respect to the surety industry, Mr. Boldt handles contract surety cases at every stage of dispute and has extensive experience enforcing indemnity obligations stemming from a wide range of bonds including fidelity bonds and motor vehicle dealer bonds. In 2006, Mr. Boldt co-authored the New York chapter of the American Bar Association's Payment Bond Manual and has been published in the ABA Fidelity & Surety Law Committee’s Newsletter.


 


Mr. Boldt received his Bachelors of Science from Nazareth College of Rochester and his Juris Doctor from the University at Buffalo Law School-State University of New York.                


 


Practice Areas:



  • Construction Litigation and Counseling

  • Surety and Fidelity Counseling

  • Collections, Indemnity Litigation and Judgment Enforcement

  • Personal Injury Defense

  • Mechanics’ Liens


 


Court Admissions:



  • New York Courts

  • U.S. District Court, Northern, Southern, Eastern and Western Districts of New York


 


 


Notable Decisions & Orders




  • Bianchi v. Midtown Reporting, Inc., 103 AD 3d 1261 (4th Dept. 2013) (overturning trial court and dismissing cause of action for fraud);


  • Bortech Co., Inc. v. Labarge, et al, 89 AD 3d 1411, (4th Dept. 2011)(upholding trial court’s decision dismissing claims alleged directly against owner of construction company for alleged acts of construction company); 


  • Surface Tech, Inc. v. RPI Construction, Inc., Index. No. 12-9808, trial opinion and order (NY Monroe County Sup., Feb. 14, 2013)(denying defendant’s motion to vacate judgment);


  • Secured Systems Technology, Inc. v. Vigilant Insurance Co., Index. No. 095021153S,  2013 WL 541424 (Conn.Super. January 16, 2013) (dismissing cause of action for attorneys’ fees);


  • Simmonds & Simmonds v. Ambroz & Ambroz, No. 71442/2012, slip op and order(NY Wayne County Sup., Jan. 14, 2013) (dismissing lawsuit including claims for breach of contract, fraud and constructive trust);


  • Collins v. Town of Pierrepont, et al, Index No. 11-0137765, trial order (NY St. Lawrence County Sup., Feb. 9, 2012)(vacating Town’s stop work order and Town’s building permit revocation);

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Practice areas

Licensed

  1. Insurance: 25%
  2. Contracts: 25%
    11 years
  3. Construction: 25%
    11 years
  4. Litigation: 25%
    11 years

Attorney endorsements

1 total 

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  • Avik Kumar Ganguly

    I highly recommend Tim for any matter involving contracts and construction litigation. My firm has often referred clients to Tim because we know he will do a superior job. I highly recommend Tim Boldt. He is a smart, effective advocate and litigator.

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    Avik Ganguly Criminal defense Attorney
    Relationship: Fellow lawyer in community

Contact info

Ernstrom & Dreste, LLP

180 Canal View Boulevard
Suite 600
Rochester, NY, 14623

Resume

License
StateStatusAcquiredUpdated
NYCurrently registered 200607/11/2016
We have not found any instances of professional misconduct for this lawyer.
Avvo contributions
Legal answers
Awards
Award nameGrantorDate granted
Rising StarSuper Lawyers2013
AV Peer Review RatingMartindale-Hubbell2013
Work experience
TitleCompany nameDuration
PartnerErnstrom & Dreste, LLP2005 - Present
Associations
Association namePosition nameDuration
Monroe County Bar AssociationMemberN/A
American Bar AssociationN/AN/A
Publications
Publication nameTitleDate
Construction Risk Management Reporter (Ernstrom & Dreste Summer)New York Takes Design-Build/Best Value For A Test Drive (Co-Author)2012
ConsensusDOCS Contract Documents Handbook (Wolters Kluwer 2012)Ch. 6, Standard Form of Agreement and General Conditions between Owner and Design Builder2012
American Bar Association Fidelity & Surety Law Committee NewsletterSurety Takeover: A Marriage of Convenience2011
American Bar Association Fidelity & Surety Law Committee NewsletterNew York Expands Insured’s Right to Recover Consequential Damages2010
Construction Risk Management Reporter (Ernstrom & Dreste)Notify Insurance Carriers ‘As soon as practicable’2010
Construction Risk Management Reporterm (Ernstrom & Dreste)DOL and OSHA: Back in the Enforcement Business.2009
Fidelity & Surety Reporter (Ernstrom & Dreste)What’s Your Judgment Worth? Important Changes and New Loopholes That Benefit Debtors2009
ABA ManualPayment Bond Manual, New York Chapter (Co-Author)2006
Education
School nameMajorDegreeGraduated
State University of New York at Buffalo School of LawLawJD - Juris Doctor2005
Nazareth CollegePolitical ScienceOther - Bachelors2001
Speaking engagements
Conference nameTitleDate
AIA ContractsAIA A401 Subcontractor Agreement2014
AIA ContractsAIA A201 Owner-Contractor General Conditions2014
Future Construction Leaders Program/ AGC of NYProject Delivery Options and Contracts2013
Future Construction Leaders Program/ AGC of NYManaging Risk: Your Key To Increased Profitability2013
Construction Defect Litigation:From A to Z/ NBILitigation: Allegations, Defenses and Proving Your Case2013
Construction Defect Litigation:From A to Z/ NBIAnatomy of a Defect: What it is and the Rules That Apply2013
Litigating Contract Surety Bond & Fidelity Insurance Claims/ ACIExoneration of Payment Bonds2012
Litigating Contract Surety Bond & Fidelity Insurance Claims/ ACIMinimizing Surety Exposure on Large, Multi-Surety Projects2012