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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, legal malpractice, 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 defect, and surety claims. Mr. Brown’s extensive commercial experience includes not only construction matters, but all types 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 also represents businesses and individuals in legal malpractice claims. Having previously defended lawyers and law firms in claims against them, Mr. Brown is uniquely qualified to prosecute claims for professional negligence. 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
  • Legal Malpractice
  • 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

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

  • 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

  • Board Member, The Charles Finney School (2017-present)
  • Adjunct Faculty Member, The Charles Finney School (2012-present)
  • Scout Master – Boy Scout Troop 208, Fairport, NY (2016-present)
  • The Legal Aid Society of Rochester, Board of Directors (2005-2011)
  • Rochester Association of Performing Arts, Board of Directors (2002-2005)


  • 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)