Peter J. Smith

Partner, Roseland Office

85 Livingston Avenue

Roseland, New Jersey 07068

Phone:  (973) 535-0500

psmith@connellfoley.com

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Publications

Professional Activities

Representative Experience

Published Decisions


Peter J. Smith's practice is primarily devoted to litigation and arbitration of construction disputes. He became a partner of the firm in 1989.

Mr. Smith has repeatedly been named one of the New York area’s top lawyers in the field of Construction Law, most recently in 2009 by the Best Lawyers in America and Super Lawyer ratings.

In 1999, Mr. Smith was selected by the American Arbitration Association to serve on its New Jersey Public Sector Panel of Mediators and Arbitrators. He has served on a variety of construction industry arbitration panels, deciding claims involving major public and quasi-public construction projects and surety matters. Mr. Smith was appointed to the New Jersey Construction Advisory Council of the American Arbitration Association in 2006.  

The Supreme Court of New Jersey, Board on Trial Attorney Certification, has designated Mr. Smith a Certified Civil Trial Attorney. He was recertified by the Board in 2007.

 

 

 

 

 

 

 

Practice Areas:

Construction Law

Alternative Dispute Resolution

Admitted to Practice:

State of New Jersey

United States District Court for the District  of New Jersey

United States Claims Court

United States Supreme Court

State of New York

 

Education:

University of Notre Dame (B.A., 1978)

Rutgers University (J.D., 1981)

 

Affiliations:

American Bar Association

New Jersey State Bar Association

 

News:

Twelve Connell Foley Partners Named to 2011 Best Lawyers® Directory (August 2010)

Eight Partners Named to 2010 Best Lawyers® Directory (October 2009)

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)


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

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)

Member, Public Contract Law and Litigation Sections, American Bar Association

Member, Construction Industry Panel of Arbitrators, American Arbitration Association (1995 to present)

Member, ABA Forum on the Construction Industry, American Bar Association

Representative Experience

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;

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;

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;

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;

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;

Represented a general contractor in defense of claims resulting from the weekend collapse of a YMCA natatorium ceiling;

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;

Represented a construction manager in claims arising from the $100 million expansion of a casino hotel in Atlantic City.

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)