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Construction and Procurement

Overview

Parker McCay’s Construction and Procurement Group provides comprehensive legal representation for public and private sector construction clients. Our construction team routinely handles all aspects of construction from preconstruction phase document drafting through post construction litigation. Our construction team has been aggressively representing clients’ construction and construction-related claims in both state and federal courts, mediations and arbitration proceedings for more than 20 years. While we pride ourselves on our reputation for litigation, we also are keenly aware of the benefits of seeking quick and cost effective resolution of claims through alternative dispute resolution for our clients, when possible.  

Our experienced Construction and Procurement group is capable of handling any construction or contract related dispute, including preparation of review of bid documentation, contract formation and other aspects of capital improvements. Our attorneys also provide advice on construction disputes and claims contemporaneously throughout the construction process. Additionally, our highly qualified attorneys also handle matters related to construction and design defects, project impact and delay claims, acceleration claims, design malpractice and labor disputes. We also have expertise in claims and issues relating to the design, construction and functioning of energy efficiency systems including, but not limited to, solar panels, integrated district wide control systems, and complex heating/boiler systems. Finally, our construction team has the ability to respond quickly and aggressively to timely issues such as bid protests, challenges to the award of contracts, change order disputes as these issues arise. This experience involves fast paced and aggressive litigation as well as includes advice and assistance to clients on construction projects from inception through final close out. 

Our thorough knowledge of the construction industry and its unique issues allows us to provide clients with comprehensive and accurate advice throughout all phases of a construction project. Moreover, our attorneys’ expertise in construction law as well as the firm’s expertise in environmental law, zoning and planning, and land use issues enables us to provide our clients with a full range of broad spectrum legal services relating to capital improvement projects and construction-centric matters that is a unique and cost saving benefit to our clients.

We also have significant experience handling the distinct challenges presented in public construction projects. Our representation of a wide variety of school boards and municipal entities gives us an expertise in New Jersey Local Public Contracts Law and Public School Contracts Law that allows us to respond quickly on issues that uniquely affect our public clients.

Parker McCay consistently achieves excellent results for clients through qualified attorneys and support staff. The firm is well-suited to provide not only a high level of construction litigation expertise, but also the ability to do so in a timely and responsive manner. 

Notable Matters

  • Successfully defended the Camden County Improvement Authority in delay claims brought by contractors on the Cooper Medical School Of Rowan University building project.  Worked through mediation to resolve all claims successfully on behalf of the Authority and saving significant litigation costs. 
  • Successfully defended the simultaneous bid challenges of the four lowest bidders for the new $45 million Rowan School of Engineering Building project successfully at the Trial, Appellate and Supreme Court levels.  Persuasively argued that the Project should continue pending the challenges saving the University significant costs and maintaining the critical schedule of construction.
  • Successfully defended a bid challenge brought on an emergent relief application by an unsuccessful long standing vendor to the City that was not awarded a contract in through the RFP process.
  • Successfully obtained a full dismissal of all claims brought by plaintiff arising out of a road improvement project. 
  • Successfully recouped damages arising out of the construction of the Princeton High School from the architect and subconsultant architects for design defects resulting in contractor delay claims.
  • Successfully prosecuted and settled a residential condominium sprinkler defect claim against multiple defendants on behalf of SummerHill Condominium Association. The cumulative settlement resulted in a seven figure settlement for SummerHill Condominium Association.
  • Successfully defeated plaintiff’s six figure delay claim via summary judgment motion prior to trial.
  • Successfully invalidated a multi-million dollar school construction contract on an emergent relief application originally awarded to a vendor that was not properly classified pursuant to the requirements of the New Jersey Division of Property and Construction Management, ultimately resulting in the contract being awarded to our client.  Defended multiple attempts to stay the contract award to our client pending appeal.

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