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Mark L. Fleder

Partner

Overview

Mark Fleder brings decades of construction litigation experience to bear in representing general contractors, specialty sub-contractors, suppliers, design professionals and public and private owners in the full range of construction disputes. Through his extensive relationships with architects, engineers, accountants and other experts, Mark has developed a comprehensive knowledge of the complex technical details involved in disputes over defective construction, warranties and design flaws, as well as payment issues pertaining to claims for construction defects, extras, delays, damages and back charges, bid protests and multi-party settlements.

Mark also provides counsel in matters involving complicated insurance and defense problems stemming from construction projects such as power plants, prisons, casinos and hospitals. He is experienced in all aspects of litigation, from trials to appeals, arbitrations and mediations.

In addition, Mark handles OSHA cases and assists with the coordination of clients’ responses in accident and catastrophe situations. He served as part of the public owner’s project teams during the construction of major New Jersey projects, including a $400 million prison, a $100 million mental hospital, a $100 million county vocational school and several large parking garages. More recently, he has advised financing institutions and owners on construction defect and contractor default issues and remedies.

Mark served as a law secretary to the Honorable Joseph H. Stamler, New Jersey Superior Court, Chancery Division (1969-1970) and as a legal assistant to Administrative Director of the Courts (1970) for a special confidential assignment for the Governor. For more than 10 years, he 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 as an expert on construction-related topics to various groups including contractors, owners, designers, insurers, contractor associations and accountants.

Experience

Representative Experience

  • Representation of the Associated General Contractors of New Jersey for 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 that abolished Sovereign Immunity in contract cases
  • Representation of engineering firm in court case that 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 contractors against public owner for delay and extra work claims resulting from default of co-prime contractor
  • Representation of clients involved in family construction businesses, including multi-generational issues
  • Consultations on insurance-coverage situations for defective construction work and defense arrangements

Activities

Professional and Community Affiliations

  • 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
  • New Jersey State Bar Association
  • Essex County Bar Association
  • New Jersey Trial Lawyers Association
  • American Bar Association

Presentations

  • Speaker, "The Palisades Decision: Yay or Nay?” New Jersey State Bar Association (NJSBA) Construction Law Section program; New Brunswick, NJ (January 2018)
  • 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)

News & Insights

News

Honors

Best Lawyers in America (2016-2020)

  • Construction Law
  • Construction Litigation

New Jersey Super Lawyers (2012-2019)

Best Lawyers Award Badge

Clerkships

  • Honorable Joseph H. Stamler, New Jersey Superior Court, Chancery Division (1969-1970)

Education

Rutgers University (J.D., 1969)

Princeton University (A.B., 1966)

Admissions

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