Peter J. Torcicollo

Mr. Torcicollo, Co-Chair of the firm’s Commercial & Criminal Litigation Department, has a broad-based commercial litigation practice with substantial trial experience in a variety of forums, including federal courts, the state courts of New York and New Jersey, and both AAA and private party arbitration. He has extensive experience handling construction-related disputes, including contract claims and claims relating to change orders, construction defects, scheduling and delay, construction liens, public bidding, and design. His practice also includes commercial contract disputes, minority shareholder and partnership disputes, restrictive covenant litigation, defense of RICO and class action claims, and labor-related claims in the construction sector.

Mr. Torcicollo is a member of the firm’s Executive Committee and served as the Chair of the firm’s Professional Development Committee and as the firm’s Director of Recruiting, Associate Retention and Lateral Hiring for more than fifteen years. He is a Trustee of the Association of the Federal Bar of New Jersey, serves on the New Jersey Judicial and Prosecutorial Appointments Committee (JPAC), and is a former Trustee of the Trial Attorneys of New Jersey. Prior to joining the firm, Mr. Torcicollo worked in the construction industry.

Representative Cases

Construction

Glenwood Pier Condominium Association, Inc. v. River Road Associates, et al.
Gibbons represents the Glenwood Pier Condominium Association, the plaintiff in a lawsuit involving the construction of more than 160 luxury condominiums built on top of a 100-year-old pier structure (which formerly supported a Celotex manufacturing plant). The claims, which all relate to the pier structure and have been asserted against the developers and designers of the condominium complex, involve errors in design, construction defect, and various breaches of warranty and statutory claims. The plaintiff seeks in excess of $26 million. The case continues to proceed in mediation before the Honorable James D. Clyne (retired).

Independence Harbor Condominium Association v. Hartz Mountain Industries, et al. – Superior Court of New Jersey, Law Division, Bergen County
The firm represented Independence Harbor Condominium Association in a construction defects lawsuit against the condominium’s developer, the contractors responsible for its construction, and the designers. The claims included breach of warranty, violations of New Jersey’s Planned Real Estate Development Full Disclosure Act, violations of New Jersey’s Consumer Fraud Act, and design error and omission claims. Mr. Torcicollo was one of two lead trial attorneys from Gibbons on this matter, which was successfully tried before a jury, resulting in a multi-million dollar verdict. Thereafter, the firm negotiated and documented a series of settlements between the various parties.

Fabcon East, LLC v. Steiner Building Co., NYC, et al. – Supreme Court of New York
The firm represented Fabcon, a precast wall manufacturer, in a breach of contract claim against Steiner in connection with the construction of a movie studio located at the Brooklyn Navy Yard. Mr. Torcicollo was lead trial counsel in this matter, which was successfully tried before a judge of the Supreme Court of New York, resulting in a verdict in Fabcon’s favor awarding substantial compensatory damages, interest and attorney’s fees, and denying defendant’s counterclaim in its entirety.

Spearin, Preston & Burrows v. Maher Terminals – American Arbitration Association
The firm represented Spearin, Preston & Burrows, a marine contractor, in a breach of contract action against Maher Terminals, for which Spearin performed a substantial wharf modernization project at Maher’s Port Newark facility. Mr. Torcicollo was lead trial counsel in this matter, which was successfully arbitrated before a three-arbitrator panel of the American Arbitration Association, resulting in a multi-million dollar award in Spearin’s favor, and a complete denial of Maher’s multi-million dollar counterclaim.

AMB Property, L.P. v. Century 21 Construction Corporation, et al. – Superior Court of New Jersey, Bergen County
The firm represented AMB Property, L.P., a substantial commercial property owner, in a construction defects litigation against the property’s developer, contractor, and design professionals. AMB’s brand new warehouse facility suffered a significant roof collapse, resulting in millions of dollars in damages sustained by AMB. Mr. Torcicollo was co-lead counsel in this matter, which was litigated in the Superior Court of New Jersey, Bergen County. The firm ultimately negotiated and documented a successful, multi-party settlement on the eve of trial.

AMEC Civil, LLC, v. New Jersey Department of Transportation – Superior Court of New Jersey, Monmouth County
Mr. Torcicollo is lead counsel in this matter in which the firm represents the New Jersey Department of Transportation in defense of AMEC Civil, LLC’s lawsuit involving the construction of a bridge in Belmar, NJ. The plaintiff’s claims are in excess of $40 million. In December 2008, the trial court issued an extensive opinion and an order granting 13 separate motions for partial summary judgment filed by NJDOT relating to a variety of issues, including certain contractual and statutory defenses to AMEC’s claims. As a result, significant components of AMEC’s damages and delay claims were eviscerated. The court’s opinion is noteworthy for its comprehensive treatment of issues impacting public construction projects in New Jersey and for its strict enforcement of the contractual and statutory provisions governing the relationship between contractors and the state. AMEC filed an interlocutory appeal of the trial court’s decision, which was denied. In September 2009, the parties agreed to a settlement of all of AMEC’s claims.

General Commercial

New Meadowlands Stadium Company, LLC, et al. v. New Jersey Sports & Exposition Authority
When complete, the American Dream Meadowlands project will have cost more than $4 billion and will be one of the largest, most unique shopping, entertainment, and tourism centers in the world, creating thousands of jobs during construction and, ultimately, permanent, full-time employment. Mr. Toricollo represents the state of New Jersey and the landlord, New Jersey Sports & Exposition Authority (NJSEA), with respect to various litigations related to American Dream for NJSEA. One involved a lawsuit by the New Meadowlands Stadium Company, New York Giants, and New York Jets alleging that proposed modifications to the project – adjacent to their stadium – would violate their alleged contract rights and cause major traffic and parking problems. Mr. Torcicollo and the Gibbons team were able to get various aspects of the complaints dismissed over the course of the litigation and ultimately helped secure a mutually beneficial settlement allowing the project to move forward without inconveniencing our home football teams.

New Jersey Account Wagering, LLC v. New Jersey Sports & Exposition Authority
Plaintiff New Jersey Account Wagering, LLC, filed a lawsuit seeking injunctive relief precluding the NJSEA from utilizing an outside vendor to manage the statutorily created account wagering system, the system that enables bettors to place wagers on horse races by telephone, internet, or in person at one of the racetracks in the state of New Jersey. The NJSEA has filed a motion to dismiss the plaintiff’s complaint, which is currently pending before Judge Cecchi.

Sery v. Federal Business Centers, et al.
Gibbons represented the lead defendant in a lawsuit in which the plaintiffs alleged minority shareholder oppression and breach of fiduciary duty. The case was venued in the United States District Court for the District of New Jersey. Mr. Torcicollo was one of two Gibbons attorneys principally responsible for the representation of Federal Business Centers, Inc., a New Jersey commercial real estate corporation that owns and operates real estate, primarily in New Jersey’s Raritan Center business complex. Plaintiffs’ claims exceeded $100 million. The firm achieved a complete victory for the company at the Summary Judgment phase, when all of the plaintiffs’ claims were dismissed.

Reported Decisions

New Meadowlands Stadium Co., LLC v. Triple Five Group Ltd., 2012 N.J. Super. Unpub. LEXIS 1920 (Ch. Div. Aug. 9, 2012)