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Michael X. McBride

Chair, Construction

Overview

Michael McBride, Chair of Connell Foley’s Construction Practice Group, has a family background in construction and real estate that dates back more than a century, providing him with an intimate knowledge of the industry and the legal issues faced by his clients. He regularly represents owners, developers, contractors and vendors in all aspects of real estate development and construction. Under Mike’s leadership as Connell Foley’s Managing Partner from 2009 through 2015, the firm grew by more than 20 percent.

Mike effectively resolves a wide array of disputes that often arise during the development process, from approvals to construction defects and delays, leasing matters and hazardous waste issues. He is especially adept at devising creative, cost-effective solutions to problems, especially involving governmental authorities, that can threaten to delay or derail a project.

Mike’s projects include large-scale development of data centers, casinos, industrial tract and office developments, power plants, residential apartment and condominium projects, and shopping center developments. Although he is primarily focused on New York and New Jersey — including major projects in Atlantic City, Hoboken, Newark, Manhattan and Brooklyn — his practice also includes work throughout the United States and internationally in India and China.

Sought after as a speaker on construction, financing and development issues, Mike has presented for the Annual Construction SuperConference in San Francisco, the New Jersey Business & Industry Association (NJBIA) Annual Public Policy Forum, the American Institute of Certified Public Accountants, NJBIZ, the New Jersey Alliance for Action, the Utility Contractors Association, and various other trade groups.

Mike also represents a private equity fund that purchases, develops, leases and sells large industrial tracts in the Northeast, Southeast and Midwest. In addition, he 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 that was sold to Prologis.

Mike is passionate about community service and maintains an active pro bono practice. He helped start Covenant House New Jersey in 1990 and was instrumental in expanding the number of cities and sites where CHNJ serves homeless street children. He also started the Girl's Junior Lacrosse Program in Ridgewood, NJ in 1993 (The Program has over 450 girls playing lacrosse).

Experience

Representative Experience

  • Represent a major engineering firm in connection with a 30-mile pipeline project 
  • Represent a major home builder in a dispute with a terminated construction manager
  • Represent a major utility in negotiating over 100 right-of-way easements for a pipeline project 
  • Represent a major utility in connection with its lease and build-out of The Bell Labs,  building in Holmdel, New Jersey
  • Represent a developer in connection with its proposed Town Centre development in Bridgewater, New Jersey
  • Represent a developer in connection with its purchase of a former coal-fired plant for demolition and development into a residential/retail site in Cape May County, New Jersey 
  • Represent a developer in successfully resolving numerous disputes with a construction manager over a condominium project in Hoboken, New Jersey
  • Represent a contractor in successfully setting aside a challenge to its bid as an unbalanced bid 
  • Represent a seller in connection with a sale of a large storage center with significant environmental issues 
  • Represented the seller in the sale of 37 industrial buildings in Clark, New Jersey
  • Represented a public company developer on numerous residential real estate projects located in Hoboken, New Jersey (Maxwell Place), Brooklyn (The Brooklyn Pier), 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 a public company developer in resolving significant disputes with adjacent property owners and general contractors in connection with the client's residential projects
  • Represented the developer in the construction of a large residential project for Marymount College in New York City; successfully resolved numerous construction disputes with various contractors and payment issues with the college
  • Represented the developer in a joint venture 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 the 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 a major media company in a dispute with an 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 a large financial conglomerate in dispute with window manufacturer and curtain wall contractor regarding windows spontaneously combusting at the Gateway 3 & 4 buildings in Newark, New Jersey
  • Represented a large regional utility in a major construction dispute with the Tosco refinery over project delays; matter settled successfully during arbitration
  • Represented the developer in connection with the approval, land sale and construction of UPS’ worldwide data center in Mahwah, New Jersey
  • Represented the seller in sale of 18 industrial and office properties to a public REIT

Decisions

  • CHR Management v Signature, et al. Docket No. MRS-C-41-2020 (successfully removed a managing member of a LLC on behalf of a nursing home operator) 
  • J. Fletcher Creamer & Son v. Township of Randolph, Docket No. MRS-L-2018 (successfully represented a contractor in setting aside a challenge to its low bid as an unbalanced bid) 
  • All County Excavation Construction v. Stonybrook Fairfield, LLC, AAA Case 01-18-0000-0245) (2018) (AAA successfully ruled in favor of The contractor, allowing the contractor to lien against the owner's property)
  • Advance at Hoboken v. Legacy 7 Construction, Docket No. HUD-L-3250-2017 (successfully reduced a contractor's lien against the owner's property)
  • Avalon Bay Communities, Inc. v. CIP II/Advanced Realty Bridgewater Holdings, LLC, Docket No. SOM-L-000744-2018 (court entered TRO allowing client developer to continue with its site plan application for approval of the residential phase of the development over the objection of a partner) 
  • Let It Grow v. Advance at Hoboken, Docket No. HUD-L-1614-2017 (successfully stayed a contractor's application to foreclose on a lien and had the contractor's quantum merit claim dismissed) 
  • Vollers Excavating & Construction, Inc. v. AIG Baker Mount Olive, LLC, et al., Docket No.: MRS-L-2203-02 (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 (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)

Activities

Professional and Community Affiliations

  • Trustee (1991-present) and Chairman (1991-2002), Covenant House New Jersey
  • Board Chairman, McBride Enterprises, Inc. (1980-present)
  • Board Member, SB One Bank (2017-present)
  • Board Member, New Jersey Alliance for Action (2018-present)
  • Board Member, Commerce & Industry Association of New Jersey (2011-present)
  • Member, Georgetown University, Board of Regents (2004-2018)
  • Trustee, Delbarton School (2003-2009)
  • Fellow, American Bar Foundation (2011-present)
  • Board Member, Atlantic Legal Foundation (2010-present)
  • American Bar Association
  • New Jersey State Bar Association
  • New York Bar Association
  • Member, Construction Lawyers Society of America (CLSA)

Presentations

  • Program Chair, "Public-Private Partnerships - The Future," New Jersey Alliance for Action; webinar (May 2020)
  • Moderator, "2020 Forecast: Construction Predictions and Trends," Connell Foley LLP; Roseland, NJ (January 2020)
  • Speaker, "Building Up NJ: Construction & Development in the Garden State Panel," NJBIZ (April 2019) 
  • Speaker, "Investors Panel," New Jersey Alliance for Action's Public Private Partnership (P3) Conference (March 2019)
  • Speaker, "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)

News & Insights

News

Publications

Honors

Chambers USA (2020)
  • Construction - New Jersey
Best Lawyers in America (2015-2020)
  • 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, Inside Jersey magazine (2012)

New Jersey Super Lawyers, Construction/Surety Law (2005-2006, 2008-2014, 2016-2020)

AV Peer Rated, Martindale-Hubbell

"Lifetime Service Award," Covenant House New Jersey (2018)

"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)

Best Lawyers Award Badge

Best Lawyers Award Badge

Education

Georgetown University (J.D., Honors, 1978)

Stanford University (B.A., Economics, cum laude, 1975)

Admissions

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