Mark L. Fleder

Partner, Roseland Office

85 Livingston Avenue

Roseland, New Jersey 07068

Phone:  (973) 535-0500

mfleder@connellfoley.com

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Publications
Professional Activities
Representative Experience

Mark L. Fleder is a senior partner with Connell Foley’s Construction Law and Business Litigation practice groups. He has served as the firm’s Co-Chairman of the Construction group section for many years and has been a member of the firm’s Executive Committee for the past 20 years.

Since 1971, Mr. Fleder has handled construction matters and conducted numerous trials, appeals, arbitrations, and mediations. Many of these cases concerned complex technical issues such as defective construction, warranties, design flaws, and payment issues pertaining to claims for extras, delays, damages, and back charges. Mr. Fleder has also assisted in matters involving complicated insurance and defense problems.

Mr. Fleder's practice includes representation of contractors, specialty sub-contractors and suppliers, design professionals and both public and private owners. In addition, he has handled OSHA cases and has been part of accident and catastrophe situations to assist with the coordination of clients’ responses. Mr. Fleder has served as part of the public owner’s project teams during the construction of major New Jersey projects including a $400 million dollar prison and a $100 million mental hospital. More recently, he has assisted financing instructions with construction defect and default issues.

Mr. Fleder served as Law Secretary to Hon. Joseph H. Stamler, New Jersey Superior Court, Chancery Division, 1969-1970. Additionally, he served as Legal Assistant to Administrative Director of the Courts, 1970, for a special confidential assignment for the Governor. For more then ten years, Mr. Fleder was a Faculty Member/Speaker for the National Practicing Law Institute’s Construction Law Program on the subject of Delay Claims.

 

 

 

 

 

 

 

Practice Areas:

Construction Law

Business Litigation

 

Admitted to Practice:

State of New Jersey

Federal District Court for New Jersey United States Supreme Court

 

Education:

Princeton University (A.B., 1966)

Rutgers University (J.D., 1969)

 

Affiliations:

New Jersey State Bar Association

Essex County Bar Association

American Bar Association

 

News:

Fleder and Smith Present on Construction Strategies in Uncertain Times (July 2009)

Cromie, Fleder, Smith and Shadiak Present at AGC’s Legal Issues Seminar (June 2009)

Fleder And Taraschi Defeat Challenge To Award Of Public Contract (February 2009)

 

Publications

Co-author, "Ensuring Success" published in Construction Today (September 2009)

Author, "Representing the Contractor in Defense of Contractor Claims" (Chapter: "Defending Owner Claims")

Author, "Construction Litigation-Representing the Owner" (Chapter: "Delays")

Professional Activities

Seminar Speaker for National Construction Law SuperConference (2005 and 2006)

Past Chairman of the New Jersey State Bar Association’s Section on Public Contract Law

Member of the American Bar Association’s Forum Committee on the Construction Industry, Public Contract Law and Litigation Sections

Speaker to Construction Industry and Client Groups on Construction Law topics

Member of Phi Delta Phi legal fraternity

Representative Experience

Representation of the New Jersey Chapter of The Associated General Contractors of America for the past 30 years;
Representation of the New Jersey Construction Industry Advancement Program for its initial 30 years,

Representation of contractor against the State of New Jersey in the NJ Supreme Court which abolished Sovereign Immunity in contract cases;

Representation of engineering firm in court case which changed New Jersey law and held design professionals liable directly to contractors for malpractice claims;

Representation of various contractors advancing major delay claims leading to negotiated settlements in many cases;

Representation of national design firm in multi-party litigation defending substantial design deficiency claims;

Representation of prime contractor against public owner for delay and extra work claims resulting from default of co-prime contractor;

Representation of general contractor in five consolidated suits relating to a substantial public project;

Representation of clients involved in family businesses, including multi-generational issues;

Representation of a national engineering firm in Federal Court litigation pertaining to large public college building and design deficiencies.