Kyle H. Cassidy – Trif & Modugno

PARTNER

Kyle H. Cassidy is a construction and complex commercial litigation attorney who represents general contractors, construction managers, subcontractors, and sureties in their most challenging legal matters, from high-stakes disputes to the day-to-day decisions that shape their businesses.

With more than a decade of experience litigating public and private construction disputes in courtrooms and arbitration forums, Kyle partners with clients as a trusted advisor, helping them manage risk, resolve conflicts efficiently, and keep projects on track.

Kyle regularly represents clients in state and federal court, as well as in private arbitrations and mediations, in disputes involving requests for equitable adjustments, change orders, delays, inefficiencies, extra work claims, unforeseen site conditions, force majeure, defective work, design deficiencies, schedule extensions, and lien claims. Drawing on a deep understanding of the complex regulatory framework governing public procurements, he also regularly represents clients in bid protests and other procurement related disputes.

Beyond the courtroom, Kyle devotes considerable attention to his clients’ ongoing business needs, advising on contract drafting and negotiation, risk management, and general corporate matters. He serves as a trusted counselor who helps clients identify challenges early and develop practical, efficient solutions, ensuring that legal strategy remains aligned with each client’s broader commercial objectives at every stage of the relationship.

In addition to his significant construction practice, Kyle has litigated a wide range of complex disputes concerning real estate transactions, commercial contracts, breach of fiduciary duty, employment agreements, and business torts. Kyle also has significant experience handling appeals.

Education

Kyle received his Bachelor of Arts in Political Science from Providence College in 2010 and his Juris Doctor from Seton Hall University School of Law in 2014, where he served as Editor-in-Chief of the Seton Hall Journal of Sports and Entertainment Law.

Recognition

Kyle has been selected to the New Jersey Super Lawyers Rising Stars list for Construction Litigation each year from 2021 through 2026, an honor conferred by Thomson Reuters.

Representative Matters

Represented an EPC firm in arbitration involving claims for change orders and delay damages arising out of three public energy efficiency projects, resulting in a final award of over $9 million and the dismissal of the owner’s professional negligence and breach of contract counterclaims.
Represented a heavy-highway road construction contractor in arbitration involving claims for change orders, inefficiency damages, differing site conditions, and non-constructible work, resulting in a final award of over $1.5 million.
Represented a general contractor in arbitration involving claims for unpaid contract balances, change orders, and violations of the Prompt Payment Act, resulting in a final award exceeding $1.5 million, including an award of attorneys’ fees and the rejection of breach of contract counterclaims.
Represented a safety manager defending claims seeking indemnification and contribution for alleged personal injuries exceeding $10 million, resulting in dismissal of all claims via summary judgment.
Represented a general contractor in federal court in a lawsuit involving claims for breach of contract arising from a subcontractor’s abandonment of and delay to a project, resulting in summary judgment finding the subcontractor liable for breach of contract and dismissal of all of the subcontractor’s counterclaims.
Represented a taxpayer in bid protest actions before the New Jersey trial and appellate courts, including the Supreme Court, challenging public entities’ efforts to use the redevelopment statute to circumvent the low-bid requirements imposed by the Local Public Contracts Law, resulting in an injunction requiring the public entities to re-bid the solicitations and award the contracts to the lowest responsible bidder.