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Representative
Experience |
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• |
Trial counsel in State Supreme Court,
Kings County for national restaurant
chain in successful defense of action
for injunctive relief brought by owner
of private sewer line seeking to
disconnect restaurant from its system;
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• |
Arbitrator in
dispute over valuation of approximately
$30 million in change orders in gut
rehab of landmark
Manhattan
hotel;
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• |
Sole arbitrator of
dispute between electrical contractor
and control systems contractor in major
renovation and rehab of
Manhattan
hospital;
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• |
Chair of arbitration panel in
consolidated arbitration of disputes
among construction manager, mason and
steel erector on NJ Schools Development
Authority project;
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• |
Chair of arbitration panel in dispute
between public sewer authority and
mechanical contractor concerning claims
and counterclaims for delay, change
orders and backcharges;
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• |
Sole arbitrator in
dispute between private
New Jersey
university and contractor concerning the
construction of an athletic field in
compliance with NCAA Division 1
requirements for competition;
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• |
Arbitrator in dispute between foreign
manufacturer of industrial equipment and
domestic purchaser of that equipment for
its plant regarding the design and
performance of that equipment, inclusive
of claims for misrepresentation and lost
profit;
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• |
Arbitrator in International arbitration
between foreign based passenger airline
and US based contractor concerning
terminal construction in PANYNJ owned
airport;
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• |
Represented a large state university in
defense of contractor claims for
additional compensation for
unanticipated subsurface conditions in
the installation of a campus wide system
of underground utilities; |
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• |
Represented a general contractor which
recovered claims for delay damages in
excess of $1 million arising from the
major expansion of a publicly owned
hospital; |
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• |
Represented several publicly traded real
estate investment trusts in recovery of
claims in multiple lawsuits for
defective construction from contractors,
design professionals, and others on
large high-rise residential and shopping
center projects; |
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• |
Represented a state authority in action
to recover damages from contractors and
designers in connection with the
premature failure of irregular concrete
surfaces and PVC piping in a water feature
park; |
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• |
Represented an architectural firm in the
defense of claims of professional
negligence resulting from the
specification of masonry flashing and
water penetration through exterior
masonry walls of a large public
facility; |
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• |
Represented a general contractor in
defense of claims resulting from the
weekend collapse of a YMCA natatorium
ceiling; |
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• |
Represented an architect reviewing
construction progress for a lender in a
high-rise residential condominium on the
Hudson River in defense of claims of
defective construction by a condominium
association; |
|
• |
Represented
a local school board asserting claims of
professional negligence against its
architect in a multiple school expansion
and new construction project; |
|
• |
Represented subcontractors including an
electrical contractor, roofer, and
mechanical contractor in managing claims
and account receivables; |
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• |
Represented a construction manager in
claims arising from the $100 million
expansion of a casino hotel in Atlantic
City. |
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Published Decisions |
|
• |
Schoonover Electric Co., Inc. v. Enron
Corp. (In re Enron Corp.), 294 BR 232 (Bankr.
SDNY 2003) |
|
• |
Rush, et als v. Kuhn Smith & Harris, 193
N.J. Super. 389 (App. Div. 1984) |
|
• |
PT&L Construction v. State of New
Jersey, Department of Transportation,
108 N.J. 539 (1987) |
|
Publications
|
|
• |
Co-author, "Pension
Plan Withdrawal Liability: A Primer"
published in New Jersey Constructor
(Summer 2010) |
|
• |
Author, New Jersey Construction
Law chapter of the USLAW Network "State
by State 2009 Construction Compendium of
Law." |
|
• |
Contributing Author, "Winning Legal
Strategies for Arbitration and
Mediation,"
Aspatore
Publishing, 2007 |
|
• |
Co-Author, “Representing
the Contractor in Defense of Owner
Claims,” in Construction
Litigation: Representing the Contractor, Wiley
Law, Second Edition (1992) |
|
Professional
Activities |
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• |
Member, Construction and Public Contract Law Section, New Jersey State Bar
Association |
|
• |
Chairman, Construction and Public Law
Section, New Jersey State Bar
Association (1993-1995) |
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• |
Member, Public Contract Law and Litigation Sections, American Bar
Association |
|
• |
Member, Construction Industry Panel of
Arbitrators, American Arbitration Association
(1995 to present) |
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• |
Member, ABA Forum on the Construction Industry,
American Bar Association |
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