Robert J. MacPherson

Robert J. MacPherson is a Fellow of the American College of Construction Lawyers and former Chair of the ABA Forum on the Construction Industry.  He has extensive experience in construction matters, focusing his practice on drafting and negotiating all manner of contracts relating to construction projects and the resolution, through negotiation, mediation, arbitration and litigation in State and Federal Courts of construction disputes.

Mr. MacPherson also acts as a mediator and arbitrator and has been involved in developing and conducting mediation education and training programs presented by the New Jersey Bar Association, the NJ Institute for Continuing Legal Education and the Justice Marie L. Garibaldi American Inn of Court for Alternative Dispute Resolution. He taught ADR at Rutgers Law School from 1996 until 2004.

Representative Cases
Mr. MacPherson has represented public and private owners, building and heavy construction contractors, major equipment manufacturers, subcontractors and design professionals.

Projects include transportation, health care, schools, commercial, housing, retail and marine construction.

Mr. MacPherson has been lead counsel in disputes involving contract termination (both prosecuting on behalf of owners and defending on behalf of contractors), liens, surety bonds, extra work claims, defective work claims, scheduling and delays.

As a mediator, Mr. MacPherson has extensive experience in multi-party disputes, including those involving public projects and multi-family residential projects.

Seton Hall University Law School (J.D., 1980)

Monmouth University (B.A., 1976)

Brookdale Community College (A.A., 1972)

State of New Jersey 1980

State of New York 1983

United States District Court for the District of New Jersey 1980

United States District Court for the Eastern District of New York 1983

United States District Court for the Southern District of New York 1983

United States Supreme Court 1987

Fellow, American College of Construction Lawyers

Member, American Bar Association
  Forum on the Construction Industry
      Budget Chair, 2009-2010
      Chair, 2008-2009
      Chair-Elect, 2007-2008
      Chair, Alternative CLE Committee, 2006-2007
      Governing Committee, 2003-2006
      Chair of Division 1, 2000-2002

Member, New Jersey Bar Association
  Dispute Resolution Section
      Chair 1994-1995
      Construction and Public Contract Law Section

Original Member, Garibaldi ADR Inn of Court

Member, Committee on Complementary Dispute Resolution of the New Jersey Supreme Court, Court Term 1994-1996

Mediator, Superior Court of the State of New Jersey 1994 to 2007

Mediator, United States District Court for the Southern District of New York

Member, General Building Contractors of New York State

Member, Associated General Contractors of America

Construction Industry Arbitration and Mediation Panel, American Arbitration Association

"Carefully Drafted Indemnification Clauses Provide Significant Protections to Construction Contract Parties," New Jersey Law Journal, March 22, 2010 (Damian V. Santomauro, Robert J. MacPherson)

"The Devil Is In The Details When It Comes To Construction Contracts," Construction Group Newsletter, January 29, 2010

"The Third Circuit Court of Appeals Decides Contracts Mean What They Say and the No Harm No Foul Rule Still Applies," Construction Group Newsletter, July 2009

"Discovery Desk Book for Construction Disputes," ABA Publishing, 2005

"50 State Public Construction Law Source Book," CCH Incorporated, 2002

"Sticks and Bricks, A Practical Guide to Construction Technology," ABA Publishing, 2001

"New York Construction Law Manual," West Publishing, 1998

"Partnering in Design and Construction - Alternative Dispute Resolution as a Partnering Tool," McGraw Hill, 1996

Interviewed in "Off the Clock," New Orleans CityBusiness, May 11, 2009

Mr. MacPherson has spoken before a variety of organizations, including the New Jersey Judicial College; American Bar Association; American Arbitration Association; New Jersey Institute of Continuing Legal Education; New Jersey Bar Association; Associated General Contractors of America; General Building Contractors of New York; Pratt University, New York, New York; Pace University, New York, New York; and Rutgers University, Newark, New Jersey.

Listed in Super Lawyers, Construction, 2010

Listed in Chambers USA Guide to America's Leading Law Firms, Construction, 2006, 2007, 2008

Recipient, 2008 Chambers “Award of Excellence for Construction”

Listed in Best Lawyers in America, Construction Law, 2010

James B. Boskey ADR Practitioner of the Year, 2001

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