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JimDomagalski

Partner

"My objective in every matter is to add value and help achieve my client's goals through strong advocacy and experienced, strategic counseling."

Overview

Biography

Jim is an experienced trial lawyer in both federal and state courts and before administrative agencies. He is also Barclay Damon’s Construction & Surety Practice Area co-chair. Jim primarily concentrates his practice on large construction disputes, complex commercial and municipal litigation, employer defense, and counseling on labor, employment, and discrimination matters.

In addition to his own practice, Jim serves as the firm's co-marketing partner.

Bar Associations

  • American Bar Association
  • Bar Association of Erie County
  • District of Columbia Bar Association
  • New York State Bar Association

Selected Memberships & Affiliations

  • Buffalo Niagara Partnership, Board Member
  • Leadership Buffalo, Member
  • Erie County Republican Committee, Former Chair
Experience

Representative Experience

  • Represents businesses, including pharmaceutical companies, manufacturers, hospitality enterprises, and private-equity investment firms in contract disputes and commercial litigation.
  • Defends municipalities regarding claims brought against government and law enforcement.
  • Counsels a large regional retail enterprise on employment-law issues and defends the company in court and before administrative agencies.
  • Represents public and private owners and contractors in construction disputes involving large projects, including sewage treatment plants, historic renovations, commercial buildings, and airport and highway projects.
  • Represents universities and other higher education institutions in construction contract, project, and litigation matters.
  • Represents a manufacturer regarding employment law and safety issues at two large manufacturing facilities.
  • Represented the federal government in a major lease dispute arising from a federal statute enacted relating to the savings-and-loan crisis.
  • Represented a specialty contractor in a construction dispute involving a domed roof at the Montreal Olympic Stadium.
  • Defended a contractor regarding a construction-defect and mold claim brought by an owner regarding a university-housing construction project.
  • Represented an engineering firm regarding a construction-cost-overrun dispute involving a major redesign and construction of a steel-blast furnace.
  • Defended municipalities and law enforcement in class-action lawsuits involving search-and-seizure claims.

Prior Experience

  • Hiscock & Barclay, LLP, Partner

Selected Community Activities

  • Syracuse University Law Alumni Association, Board Member
  • Buffalo Bills Quarterback Club, Former President
  • Notre Dame Alumni Club of Western New York, Former President
  • Leukemia and Lymphoma Society of WNY, Former Board of Trustees President
  • Roswell Park Cancer Institute Alliance, Former Board Member

Selected Honors

  • The Best Lawyers in America®: Commercial Litigation, 2021–2024; Construction Law, 2022–2024; Litigation – Labor & Employment, 2023–2024; Buffalo "Lawyer of the Year": Construction Law, 2024
  • Selected to Super Lawyers Upstate New York: Business Litigation, 2010–2023
  • Buffalo Business First, Legal Elite of Western New York, 2014–2018, 2020
  • ECRC Jack Kemp Leadership Award, 2014
  • Am-Pol Eagle, Citizen of the Year for Law, 2004
Knowledge

Selected Speaking Engagements

  • Western Chapter of the New York State Water Environment Association’s 35th Annual Greater Buffalo Environmental Conference, “The Marriage of Engineering and Law on Public Construction Projects: Getting It Right”
  • Sterling Educational Services, “New York Employment Law Update”
  • Lorman Education Services, “Real Estate Development From Beginning to End in New York”
  • WNY Business Forum, “Legal Insights Into Employee Management”
  • Lorman Education Services, “Construction Law Claims, Liens, Trust Funds, Performance/Payment Bonds, and Information Disclosure”

Selected Media

Selected Alerts & Blog Posts

Featured Media

Alerts

Confusion Regarding New NYS OMH Regulations for MHOTRS Providers May Present Crisis Billing Take-Back Risk

Alerts

Connecticut Joins the Ranks of States Proposing Landmark AI Legislation

Alerts

NYS PSC Modifies Pole Attachment Rules to Accelerate Broadband and Cellular Service Deployment

Alerts

NYS Department of Health Publishes Amended Proposed Cybersecurity Regulations for Hospitals

Alerts

FTC Noncompete Rule Survives—For Now

Alerts

New York Trial Court Finds Uber Is Not Vicariously Liable for Driver's Negligence

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