Mark L. Fleder
Mark L. Fleder has been a partner with Connell Foley’s Construction Law and Commercial Litigation practice groups for more than 35 years. He serves as Co-Chair of the firm’s Construction Law group and was a member of the firm’s Executive Committee for more than 20 years.
Since 1971, Mr. Fleder has handled construction matters and conducted numerous related 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 construction defects, extras, delays, damages, and back charges. Mr. Fleder has also assisted in matters involving complicated insurance and defense problems stemming from construction projects ranging from power plants to prisons, casinos, and hospitals.
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 prison and a $100 million mental hospital. More recently, he has assisted financing institutions and owners with construction defect and contractor default issues.
Mr. Fleder served as a law secretary to Hon. Joseph H. Stamler, New Jersey Superior Court, Chancery Division, 1969-1970. Additionally, he served as a legal assistant to Administrative Director of the Courts, 1970 for a special confidential assignment for the Governor. For more than 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 and resulting damages. He routinely speaks on construction-related topics to various groups including contractors, owners, designers, insurers, contractor associations, and accountants.
- Representation of the Associated Construction Contractors of New Jersey (previously the Associated General Contractors) for the past 35 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 case 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 construction businesses, including multi-generational issues
- Representation of a national engineering firm in federal court litigation pertaining to large public college building with design deficiencies
- Consultations on insurance-coverage situations for defective construction work and defense arrangements
Honors and Awards:
Best Lawyers in America (2016, 2017)
- Construction Law
- Construction Litigation
- "New Jersey's Top Rated Lawyers" as seen in Inside Jersey magazine (2012)
- New Jersey Super Lawyers (2012-2017)
- New Jersey State Bar Association
- Essex County Bar Association
- New Jersey Trial Lawyers Association
- American Bar Association
- Speaker, “Risks, Rewards and Consequences of DBE, WBE and MBE Programs” American Institute of Certified Public Accountants (AICPA) National Construction Industry Conference; Las Vegas, NV (December 2013)
- Speaker, “How to Win a Construction Claim: Proving Damages in Construction Litigation” American Institute of Certified Public Accountants (AICPA) National Construction Industry Conference; Las Vegas, NV (December 2012)
- Speaker, “When to Call in the Cavalry: The Construction Accountant and The Construction Lawyer,” American Institute of Certified Public Accountants (AICPA) National Construction Industry Conference; Las Vegas, Nevada (December 2011)
- Seminar Speaker, National Construction Law Superconference (2005 and 2006)
- Past Chairman, New Jersey State Bar Association’s Section on Public Contract Law
- Member, American Bar Association’s Forum Committee on the Construction Industry, Public Contract Law, and Litigation Sections