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Marc S. Brown, Esq.

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marc-brownMr. Marc S. Brown has been practicing law for more than 20 years, focusing primarily on construction law, commercial litigation, and personal injury matters. He frequently represents owners, contractors, subcontractors, suppliers and bonding companies, and has extensive experience handling construction contracts, lien law, trust fund, construction defects, and surety claims. Mr. Brown has also defended architects and engineers in professional liability disputes relating to the negligent design of buildings and structures. Mr. Brown’s extensive commercial experience includes not only construction matters, but all manner of contract disputes, including those involving real property and agriculture. Mr. Brown has represented landowners, growers, seed suppliers and wholesalers in a variety of disputes including prosecuting claims under the Perishable Agricultural Commodities Act (PACA). Mr. Brown’s experience with personal injury matters is varied and extensive, having prosecuted and defended countless personal injury and property damage claims. An experienced litigator, Mr. Brown has successfully tried cases to verdict and has handled numerous arbitrations and appeals in courts across New York State. Mr. Brown was previously a partner with the statewide law firm of Hiscock & Barclay, LLP, where he was the Chair of the Construction & Surety Law Practice Area.

Areas of Practice

  • Construction & Surety
  • Commercial Litigation
  • Professional Liability
  • Personal Injury

Reported Cases

  • Broadway Houston Mack Dev. v. Kohl, et al., 897 N.Y.S.2d 505 (2nd Dept 2010)
  • Amyell Development Corp. v. IKON Office Solutions, 849 NYS2d 848 (4th Dept2008)
  • Village of New Paltz, et al. v. Merlex Contracting, Inc., et al., 784 N. Y.S.2d 661 (3rd Dept. 2004)
  • Hamilton v. City of Rochester, 2004 U.S. Dist. LEXIS9500


  • “The Job Is Bonded, So Why Haven’t You Been Paid”, Rochester Builders Exchange, November 2011
  • “What to Do When Construction Projects Go Bad,” Lorman Education Services, November 2008
  • “Laying the Foundation for Strong Employee Relations and Maximizing Risk,” Rochester Builders Exchange, May 2008
  • “Construction Lien Law,” Lorman Education Services, Rochester, November 2007
  • “No Good Deed Goes Unpunished,” Builders/Architect Magazine, Vol. 5, No. 11, November 2006
  • “The Work’s Done – Now How Do I Get Paid?,” National Business Institute Seminar, Rochester, October 2006
  • “Minimize Risk/Maximize Profit,” Rochester Builders Exchange Seminar, August 2006
  • “New York Construction Law,” National Business Institute Seminar, Rochester, April 2004; April 2005
  • “Advanced Construction Law in New York,” National Business Institute Seminar, Rochester, July 2003
  • “Entertainment Law Basics for the Music Artist,” Arts & Cultural Council for Greater Rochester, March 2003
  • Adjunct Faculty Member – Rochester Business Institute, Rochester, New York 1999-2000

Admitted to Practice

  • New York
  • US Bankruptcy Court, Western District of New York
  • US District Court, Western District of New York


  • Michigan Sate University College of Law, J.D. 1995
  • State University of NY at Oswego, B.A. 1991

Professional Affiliations

  • American Bar Association
  • Monroe County Bar Association
  • Associated Builders and Contractors
  • Associated Builders and Contractors, Rochester Region, Governing Council Member (2006-2008)
  • Rochester Builders Exchange, Member
  • Rochester Junior Builders Exchange, Board of Directors (2005-2011)

Civic Activities

  • Adjunct Faculty Member, The Charles Finney School (2012-present)
  • Assistant Scout Master – Troop 208, Fairport, NY (2012-present)
  • Den Leader/Committee Member – Pack 273, Fairport, NY (2010-present)
  • The Legal Aid Society of Rochester, Board of Directors (2005-2011)
  • Rochester Association of Performing Arts, Board of Directors (2002-2005)
  • Volunteer Lawyers for the Arts, Member


  • Martindale-Hubble “AV” Peer Review Rated for High to Very High Ethical Standards and Legal Ability
  • Super Lawyers – Upstate New York for Construction Litigation (2012 – Present)
  • Am Law Top Rated Lawyer in Construction Law (2013)