Overview

Mr. MacPherson has been practicing construction law exclusively since 1981, focusing his practice on drafting and negotiating contracts relating to construction projects and resolving, through negotiation, mediation, arbitration and litigation, construction disputes. He is a Fellow of the American College of Construction Lawyers and, former Chair of the American Bar Association Forum on the Construction Industry. He teaches Construction Law at Rutgers Law School in Newark, New Jersey.

Mr. MacPherson regularly acts as construction contract and disputes counsel for contractors, subcontractors, suppliers, and owners involved in building and heavy civil construction for public and private work. He is admitted to practice in the state and federal Courts in New Jersey and New York.

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.

FOCUS AREAS

Mr. MacPherson has negotiated construction contracts for owners, contractors, subcontractors, and suppliers. He has been involved in projects ranging from power plants, and urban and suburban commercial projects to high-end residential. He is an active member of the AGC Contract Documents Committee and participated in the review and analysis of the 1987 and 1997 editions of the AIA A 201 General Conditions. He has also participated in the development of several Consensus Documents and was one of the primary organizers of the 2008 joint meeting of the ABA Forum on Construction and Consensus Documents that introduced the Consensus Document family of forms.

He 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.

Mr. MacPherson also acts as a mediator and arbitrator and has been involved in developing and conducting mediation education and training programs in New Jersey. He taught Alternative Dispute Resolution at Rutgers Law School from 1996 until 2004.

Education

  • Seton Hall University School of Law (J.D.)
  • Monmouth University (B.A.)
  • Brookdale Community College (A.A.)

Professional Activities

American College of Construction Lawyers
Fellow

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

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

Garibaldi ADR Inn of Court
Original Member

Appointed by the New Jersey Supreme Court to the Supreme Court Committee on Complementary Dispute Resolution, 2013-2015

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

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

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

Associated General Contractors of New York State

Associated General Contractors of America

Former member, New York City Procurement Policy Board Advisory Council

Member of the Construction Cost Reduction Team appointed by Mayor Michael Blumberg to study and report on New York City's capital construction program. The report was delivered in July 2008

Construction Industry Arbitration and Mediation Panel, American Arbitration Association

Professional Admissions

  • State of New Jersey
  • State of New York
  • 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
  • Supreme Court of the United States

Civic / Charitable Activities

National Board of Directors, ACE Mentor 2012-2015

Family Resources Association, Monmouth County, NJ, New Building Committee

Publications & Features

HONORS & AWARDS

Listed in Chambers USA Guide to America's Leading Lawyers for Business, Construction - 2006, 2007, 2008; Litigation: General Commercial - 2013, 2014
Recipient, 2008 Chambers "Award of Excellence for Construction"

Listed in Best Lawyers®, Construction; Litigation - Construction

Selected to the New Jersey Super Lawyers list, Construction Litigation

James B. Boskey ADR Practitioner of the Year, 2001

All Events