Michael X. McBride

Partner

Michael X. McBride has an extensive practice representing owners, developers, contractors and vendors in all aspects of the real estate development and construction business. Among his more notable projects are the large scale development of data centers, industrial tract and office developments, residential apartment and condominium projects, and shopping center developments. From 2010 through 2015, Mr. McBride served as the firm's Managing Partner and helped grow the firm by more than 20 percent.

Mr. McBride’s construction projects include the resolution of various disputes by way of negotiation, trial, or arbitration on casino projects in Atlantic City (Tropicana and the Borgata); office buildings in Newark (Gateway 3 and 4); and Chicago (Prudential Centers 1 and 2); power plants in India and China; a $250 million polypropylene plant in Linden, New Jersey; Dow Jones' headquarters in Princeton, New Jersey; large residential and redevelopment projects along the Hudson River and in Queens and Brooklyn for Toll Brothers; and a large shopping center development in the Rockefeller Economic Trade Zone in Mount Olive, New Jersey. Mr. McBride has recently resolved a complicated dispute for Foster Wheeler regarding a termination for convenience on a large power plant project in Louisiana.

Mr. McBride has spoken at the Annual Construction Superconference in San Francisco, California and to various trade groups. From 2009-2015, Mr. McBride has spoken at the NJBIA Annual Public Policy Forum with political and industry leaders on economic and political issues confronting New Jersey. He has spoken on various panels to the American Institute of Certified Public Accountants on financial issues confronting the construction industry.

Mr. McBride has represented Toll Brothers on numerous residential real estate projects located in Hoboken, N.J. (Maxwell Places), Brooklyn (The Brooklyn Pier, a joint venture with Starwood), Queens (The Long Island City Project), Manhattan (Park Avenue, Lexington Avenue, Third Avenue, and First Avenue projects), Washington D.C. (a joint venture with Prudential), Pennsylvania (Plymouth Meeting) and Maryland (Bethesda). Mr. McBride also represents a private equity fund which purchases, develops, leases, and sells large industrial tracts in the Northeast, Southeast, and Midwest. Mr. McBride recently represented a family in connection with the sale of 37 buildings in Clark, New Jersey to one of New York City’s largest developers. In addition, Mr. McBride successfully negotiated the merger of McBride Enterprises, Hudson Bay, a private real estate fund capitalized by Crescent Real Estate Equities (a REIT trading on the NYSE) and Penn Square Properties, Inc. into an entity called Keystone Property Trust, a REIT trading on the NYSE which was sold to Prologis.

Representative Experience:

  • Represented Seller in the sale of 37 industrial buildings in Clark, New Jersey
  • Represented Toll Brothers on numerous residential real estate projects located in Hoboken, N.J. (Maxwell Places), Brooklyn (The Brooklyn Pier, a joint venture with Starwood), Queens (The Long Island City Project), Manhattan (Park Avenue, Lexington Avenue, Third Avenue, and First Avenue projects), Washington D.C. (a joint venture with Prudential), Pennsylvania (Plymouth Meeting) and Maryland (Bethesda)
  • Represented Toll Brothers in resolving significant disputes with adjacent property owners and general contractors
  • Represented Developer in a joint venture project with the Wilf family of a large residential development in Fairlawn, New Jersey
  • Represented Developer in the construction of a large residential project for Marymount College in New York City; successfully resolved significant construction disputes with various contractors and payment issues with the college
  • Represented Developer in a joint venture with PacTrust in merging the ground lease and fee interest, and with leasing a large industrial building located in Totowa, New Jersey to a national tenant
  • Represented a public REIT in the purchase of eight industrial parks (over 45 buildings) in Greenville, South Carolina
  • Represented a public REIT in the purchase of four industrial parks and one office park in Albany, New York
  • Represented Developer in negotiating over two million square feet of industrial and office space in Northern New Jersey
  • Represented Developer of a large shopping center in Mt. Olive, New Jersey in dispute with site contractor; matter proceeded to arbitration; successful resolution of claims against design professionals; and the site contractor
  • Represented Dow Jones in dispute with architect/engineer and contractor regarding building defects in the curtain wall system at its corporate headquarters facility in Princeton, New Jersey; dispute ended successfully after a 10-day trial
  • Represented Prudential in dispute with window manufacturer and curtain wall contractor regarding windows spontaneously combusting at the Gateway 3 & 4 buildings in Newark, New Jersey
  • Represented Public Service in a major construction dispute with the Tosco refinery over project delays; matter settled successfully during arbitration
  • Represented Developer in the sale and leaseback of a large office building in Fairlawn, New Jersey to a public REIT
  • Represented Developer in connection with the approval, land sale, and construction of UPS’ worldwide data center in Mahwah, New Jersey
  • Represented Developer in the approval, land sale, and construction of Jaguar Cars’ corporate headquarters in Mahwah, New Jersey
  • Represented Seller in sale of 18 industrial and office properties to a public REIT
  • Represented Developer in connection with the approval, leasing, and construction of corporate headquarters for U-A Columbia Cable, located in Oakland, New Jersey
  • Represented REIT in the sale of 12 industrial properties and a shopping center located in New Jersey
  • Represented Developer in connection with the sale of land to and construction of the corporate headquarters for Dial America in Mahwah, New Jersey
  • Represented Developer in connection with a long-term lease and construction of a research and development center for Reckitt & Coleman in Wayne, New Jersey
  • Represented Developer in connection with a long-term lease for a research and development office center for Merck-Medco in Fairlawn, New Jersey

Honors and Awards:

  • Best Lawyers in America (2015-2017)
    • Construction Law"
    • Lawyer of the Year," Construction Law - Newark (2016)
  • "New Jersey's Top Rated Lawyers," Real Estate Law (2013, 2015)
  • "New Jersey's Top Rated Lawyers" as seen in Inside Jersey magazine (2012)
  • New Jersey Super Lawyers, Construction/Surety Law (2005-2006, 2008-2014, 2016, 2017)
  • AV Peer Rated by Martindale-Hubbell
  • "Inaugural James B. Lee, Jr. LifeLink Award," Inner-City Scholarship Fund of the Archdiocese of New York (2015)
  • Vitae Discimus Award, Scholarship Fund of the Archdiocese of Newark (2010)

Affiliations:

  • American Bar Association
  • New Jersey State Bar Association
  • New York Bar Association
  • Fellow of the American Bar Foundation (2011-present)
  • Fellow, American Bar Foundation
  • Trustee, Atlantic Legal Foundation
  • Board Member, Commerce & Industry Association of New Jersey (2011-present)
  • Board Member, Atlantic Legal Foundation (2010-present)
  • Member, Georgetown University, Board of Regents (2004-present)
  • Trustee, Delbarton School (2003-2009)
  • Trustee (1991-present) and Chairman (1991-2002), Covenant House New Jersey
  • Board Member, McBride Enterprises, Inc.
  • Board Member, The Frank McBride Company Inc.

Speeches:

  • "Economic Outlook," New Jersey Business & Industry Association (NJBIA) Public Policy Forum; Edison, NJ (December 2009-2015)
  • 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)
  • “When to Call in the Calvary: The Construction Accountant and The Construction Lawyer,” American Institute of Certified Public Accountants (AICPA) National Construction Industry Conference; Las Vegas, Nevada (December 2011)
  • “How Contractors Can Protect Themselves from The Financial Deterioration of Subcontractors or General Contractors/Construction Managers,” American Institute of Certified Public Accountants (AICPA) National Construction Industry Conference; Phoenix, AZ (December 2010)
  • Annual Construction Superconference; San Francisco, CA (2005 and 2006)
  • Vollers Excavating & Construction, Inc. v. AIG Baker Mount Olive, LLC, et al., Docket No.: MRS-L-2203-02 (Law Div., dated September 2, 2010) (bench opinion dismissing contractor’s claim for fraud on account of owner’s failure to procure builder’s risk insurance.)
  • Vollers Excavating & Construction, Inc. v. AIG Baker Mount Olive, LLC, et al., Docket No.: MRS-L-2203-02 (Law Div., dated July 16, 2010) (bench opinion dismissing contractor’s fraud claim and contract defenses re:  alleged failure of developer to disclose groundwater and soil conditions.)
  • Vollers Excavating & Construction, Inc. v. AIG Baker Mount Olive, LLC, et al., Docket No.: MRS-L-2203-02 (Law Div., dated July 16, 2010)(bench opinion upholding developer’s claim under the Consumer Fraud Act against contractor for substitution of inferior materials.)
  • In re Aetna UCR Litigation, MDL No. 2020, 2010 U.S. Dist. Lexis 98885 (D.N.J. 2010) (re:  remand on a MDL matter)
  • In re Aetna UCR Litigation, MDL No. 2020, 2009 U.S. Dist. Lexis 66853 (D.N.J. 2009)
  • DeVito v. Aetna, Inc., Civ. No. 07-0418 4SH); 536 F. Supp.2d 523 (D.N.J. 2008)
  • Dow Jones v. Irwin & Leighton, Civ. No. 90-0010 (3d Cir. 1991) (affirming lower’s courts ruling for successor liability of defendant contractor)
  • In The Matter of the Challenges by Chubb Colonial Life Insurance Company of America v. IHC Board, Docket No. A-2911-06T3 (App. Div. 2009)
  • In The Matter of the Challenge by Guardian Life Insurance Company of America v. IHC Board, Docket No. A-3635-06T3 (App. Div. 2009)
  • Kvaerner Process, Inc. v. Barham-McBride Joint Venture, 368 N.J. Super 190 (App. Div. 2004) 
  • Lauchheimer v. Gulf Oil, 6 F.Supp.3d 339 (D.N.J. 1998)
  • Bank Polska Kasa Opieki v. Pamrapo Savings, 909 F.Supp. 948 (D.N.J. 1995)
85 Livingston Avenue
Roseland,
NJ
07068
973.535.0500
973.535.9217
  • Georgetown University (J.D.,  Honors, 1978)
  • Stanford University (B.A.,  Economics, cum laude, 1975)
  • State of New Jersey
  • State of New York
  • United States Supreme Court
  • United States Court of  Appeals for the Third Circuit
  • United States District Court for  the District of New Jersey
  • United States District Court for  the Eastern District of New  York
  • United States District Court for  the Southern District of New  York

 

Best Lawyers Award Badge

 

Best Lawyers Award Badge