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Myers_Jessica

Jessica A. Myers

She/Her/Hers
Counsel

Jessica is a dedicated commercial litigator with a commitment to obtaining the right solution for her clients. That solution may take the form of advice on contract disputes, or representing her clients in city, county, state, or federal courts. Jessica handles a wide array of complex commercial litigation matters including general commercial, contract, and insurance coverage litigation, construction industry litigation, professional design error and omission, labor law defense, fee and payment disputes, mechanic’s lien and bond claims, real property foreclosure, commercial landlord/tenant disputes, public and private bidding disputes, False Claim Act litigation, and financial workout and bankruptcy matters.

Jessica regularly represents property owners, design professionals, principals, project managers, and contractors and materials suppliers in litigation, arbitration, and administrative proceedings. Although well versed in handling all aspects of litigated matters, she also focuses on loss avoidance and advises clients on contract negotiation and dispute resolution.

Jessica has significant experience advising clients on the bidding and award of public contracts, litigating Article 78 disputes, pursuing contract claims in the New York State Court of Claims, and appearing in all manner of commercial litigation matters in state and federal courts, including intermediate and final appellate proceedings.

Prior to joining HSE, she practiced commercial litigation in Arizona and California.

PROFESSIONAL & CIVIC AFFILIATIONS

  • Member, Monroe County Bar Association
  • Member, Bar Association of Erie County
  • Former Co-Chair, Social & Networking Committee of the Monroe County Bar Association Young Lawyers Section
  • Member, Woman’s Bar Association of the State of New York, Western New York Chapter
  • Former Member, Greater Rochester Association of Women Attorneys

HONORS & AWARDS

  • Selected to the Upstate New York Super Lawyers Rising Stars list, 2013-2017
  • Recipient, American Council of Engineering Companies of New York speaking engagement award, December 2012
  • Winner, Cornell Law School Langfan First-Year Moot Court Competition, 2004
  • Recipient, Haywood Burns Memorial Fellowship, Summer 2004

REPRESENTATIVE EXPERIENCE

  • Successfully moved for partial summary judgment on behalf of civil contractor client and surety to defeat $5 million liquidated damages claim by public authority in dispute over delays to landfill construction project; favorably settled client’s contract balance payment claim.
  • Assisted school client in avoiding contested public bid for significant renovation and construction work to be performed under New York State Education Department grant by advising on procurement procedures and re-bidding of project to comply with applicable bidding laws.
  • Mediated and settled multi-party construction and design litigation for hydrological engineer client involving catastrophic failure of dam bypass penstock servicing minimum-flow hydroelectric power station in Hudson Valley region.
  • Counseled municipal special purpose entity regarding unique public bidding and contracting issues for major renovation project to public school district facilities, including M/WBE participation, “piggybacking” on state law procurement contracts, and other matters.
  • Represented utility company in litigation against commercial property owner for unpaid cost of installing customer’s new gas facilities and obtained favorable settlement payment for utility upon mediation.
  • Successfully defended public authority against NY CPLR Article 78 bid protest litigation by low-bidding contractor disputing bid rejection on public utility improvement project.
  • Achieved settlement payment for contractor client with subcontractors, owner and developer in multi-party litigation of commercial development project dispute involving contested contract termination and mechanic’s lien foreclosure issues.
  • Appeared in Court of Claims on behalf of contractor seeking damages due to delays and extra work on New York State OGS project; negotiated successful pre-trial settlement.
  • Defended design professional client in federal court in complex construction litigation by public transit authority alleging breach of contract and design errors on multi-million-dollar transit project in Virginia, settling dispute prior to trial. Successfully defended subsequent indemnification action by client’s former joint venture partner.
  • Represented contractor client in construction arbitration hearing involving 18 days of witness testimony to resolve various claims and counterclaims alleging delay, wrongful termination, willful exaggeration of mechanic’s lien, Lien Law Article 3-A trust fund claims, etc.
  • Achieved favorable settlement for utility company sued by aggrieved homeowners for alleged property damages.
  • Favorably settled New York State Labor Law action on behalf of construction manager client prior to damages-only trial, obtaining indemnification by co-defendant subcontractor.
  • Successfully defended homeowner claim against custom builder client in arbitration of construction dispute, securing favorable decision awarding client its attorneys’ fees, and defeating opposing party’s application to modify the arbitrator’s award.
  • Assisted developer and landlord in resolving dispute against cable TV provider at two multi-family residential projects, negotiating for completion of corrective work by cable providers to avoid litigation.
  • Obtained settlement for full payment of principal sum due to labor union client upon default of contractor under collective bargaining agreement, and assisted client with payment bond claims against sureties to recover unpaid union benefit contributions.
  • Mediated and settled claims for design professional client sued by large developer asserting seven-figure damages claim arising from client’s alleged errors in electrical design of mixed-use commercial project and related delay damages.
  • Successfully negotiated six-figure fee payment in favor of architect client owed substantial arrearages for its architectural services on private downstate medical facility.

NEWS

PRESENTATIONS

  • Panelist, “Navigating Upstate New York’s Real Estate & Construction in 2025,” Commercial Real Estate Women (CREW) of Rochester, May 21, 2025
  • Speaker, “Western District of New York 125th Anniversary Educational Outreach Program: Kenmore East High School,” Buffalo, New York, January 31, 2025
  • Speaker, “Architects/Engineers Breakfast Briefing: Year-End Legal Review,” Harter Secrest & Emery LLP and Poole Professional, Albany, New York, February 1, 2018
  • Speaker, “Architects/Engineers Breakfast Briefing: Year-End Legal Review,” Harter Secrest & Emery LLP and Poole Professional, Buffalo, New York, January 18, 2018
  • Speaker, “Architects/Engineers Breakfast Briefing: Year-End Legal Review,” Harter Secrest & Emery LLP and Poole Professional, Rochester, New York, December 6, 2017

PRACTICE AREAS

ADMISSIONS

  • Arizona
  • California
  • New York
  • New York Court of Appeals
  • U.S. District Court for the Western and Northern Districts of New York
  • U.S. Bankruptcy Court for the Western and Northern Districts of New York

EDUCATION

  • Cornell Law School, J.D.
  • University of Rochester, B.A., cum laude

Jessica is a dedicated commercial litigator with a commitment to obtaining the right solution for her clients. That solution may take the form of advice on contract disputes, or representing her clients in city, county, state, or federal courts. Jessica handles a wide array of complex commercial litigation matters including general commercial, contract, and insurance coverage litigation, construction industry litigation, professional design error and omission, labor law defense, fee and payment disputes, mechanic’s lien and bond claims, real property foreclosure, commercial landlord/tenant disputes, public and private bidding disputes, False Claim Act litigation, and financial workout and bankruptcy matters.

Jessica regularly represents property owners, design professionals, principals, project managers, and contractors and materials suppliers in litigation, arbitration, and administrative proceedings. Although well versed in handling all aspects of litigated matters, she also focuses on loss avoidance and advises clients on contract negotiation and dispute resolution.

Jessica has significant experience advising clients on the bidding and award of public contracts, litigating Article 78 disputes, pursuing contract claims in the New York State Court of Claims, and appearing in all manner of commercial litigation matters in state and federal courts, including intermediate and final appellate proceedings.

Prior to joining HSE, she practiced commercial litigation in Arizona and California.

PROFESSIONAL & CIVIC AFFILIATIONS

  • Member, Monroe County Bar Association
  • Member, Bar Association of Erie County
  • Former Co-Chair, Social & Networking Committee of the Monroe County Bar Association Young Lawyers Section
  • Member, Woman’s Bar Association of the State of New York, Western New York Chapter
  • Former Member, Greater Rochester Association of Women Attorneys

HONORS & AWARDS

  • Selected to the Upstate New York Super Lawyers Rising Stars list, 2013-2017
  • Recipient, American Council of Engineering Companies of New York speaking engagement award, December 2012
  • Winner, Cornell Law School Langfan First-Year Moot Court Competition, 2004
  • Recipient, Haywood Burns Memorial Fellowship, Summer 2004

REPRESENTATIVE EXPERIENCE

  • Successfully moved for partial summary judgment on behalf of civil contractor client and surety to defeat $5 million liquidated damages claim by public authority in dispute over delays to landfill construction project; favorably settled client’s contract balance payment claim.
  • Assisted school client in avoiding contested public bid for significant renovation and construction work to be performed under New York State Education Department grant by advising on procurement procedures and re-bidding of project to comply with applicable bidding laws.
  • Mediated and settled multi-party construction and design litigation for hydrological engineer client involving catastrophic failure of dam bypass penstock servicing minimum-flow hydroelectric power station in Hudson Valley region.
  • Counseled municipal special purpose entity regarding unique public bidding and contracting issues for major renovation project to public school district facilities, including M/WBE participation, “piggybacking” on state law procurement contracts, and other matters.
  • Represented utility company in litigation against commercial property owner for unpaid cost of installing customer’s new gas facilities and obtained favorable settlement payment for utility upon mediation.
  • Successfully defended public authority against NY CPLR Article 78 bid protest litigation by low-bidding contractor disputing bid rejection on public utility improvement project.
  • Achieved settlement payment for contractor client with subcontractors, owner and developer in multi-party litigation of commercial development project dispute involving contested contract termination and mechanic’s lien foreclosure issues.
  • Appeared in Court of Claims on behalf of contractor seeking damages due to delays and extra work on New York State OGS project; negotiated successful pre-trial settlement.
  • Defended design professional client in federal court in complex construction litigation by public transit authority alleging breach of contract and design errors on multi-million-dollar transit project in Virginia, settling dispute prior to trial. Successfully defended subsequent indemnification action by client’s former joint venture partner.
  • Represented contractor client in construction arbitration hearing involving 18 days of witness testimony to resolve various claims and counterclaims alleging delay, wrongful termination, willful exaggeration of mechanic’s lien, Lien Law Article 3-A trust fund claims, etc.
  • Achieved favorable settlement for utility company sued by aggrieved homeowners for alleged property damages.
  • Favorably settled New York State Labor Law action on behalf of construction manager client prior to damages-only trial, obtaining indemnification by co-defendant subcontractor.
  • Successfully defended homeowner claim against custom builder client in arbitration of construction dispute, securing favorable decision awarding client its attorneys’ fees, and defeating opposing party’s application to modify the arbitrator’s award.
  • Assisted developer and landlord in resolving dispute against cable TV provider at two multi-family residential projects, negotiating for completion of corrective work by cable providers to avoid litigation.
  • Obtained settlement for full payment of principal sum due to labor union client upon default of contractor under collective bargaining agreement, and assisted client with payment bond claims against sureties to recover unpaid union benefit contributions.
  • Mediated and settled claims for design professional client sued by large developer asserting seven-figure damages claim arising from client’s alleged errors in electrical design of mixed-use commercial project and related delay damages.
  • Successfully negotiated six-figure fee payment in favor of architect client owed substantial arrearages for its architectural services on private downstate medical facility.

NEWS

PRESENTATIONS

  • Panelist, “Navigating Upstate New York’s Real Estate & Construction in 2025,” Commercial Real Estate Women (CREW) of Rochester, May 21, 2025
  • Speaker, “Western District of New York 125th Anniversary Educational Outreach Program: Kenmore East High School,” Buffalo, New York, January 31, 2025
  • Speaker, “Architects/Engineers Breakfast Briefing: Year-End Legal Review,” Harter Secrest & Emery LLP and Poole Professional, Albany, New York, February 1, 2018
  • Speaker, “Architects/Engineers Breakfast Briefing: Year-End Legal Review,” Harter Secrest & Emery LLP and Poole Professional, Buffalo, New York, January 18, 2018
  • Speaker, “Architects/Engineers Breakfast Briefing: Year-End Legal Review,” Harter Secrest & Emery LLP and Poole Professional, Rochester, New York, December 6, 2017

PRACTICE AREAS

ADMISSIONS

  • Arizona
  • California
  • New York
  • New York Court of Appeals
  • U.S. District Court for the Western and Northern Districts of New York
  • U.S. Bankruptcy Court for the Western and Northern Districts of New York

EDUCATION

  • Cornell Law School, J.D.
  • University of Rochester, B.A., cum laude

Myers_Jessica
Jessica A. Myers