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Robert J. MacPherson

Robert J. MacPherson

Director, Commercial & Criminal Litigation

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 Construction Law.

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; Associated General Contractors, New York State; Pratt University, New York, New York; Pace University, New York, New York; and Rutgers University, Newark, New Jersey.

Areas of Focus

Construction Contracts

Mr. MacPherson has negotiated construction contracts for owners, contractors, subcontractors, and suppliers. He has been involved in projects ranging from power plants, 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.

Construction Disputes

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.

Alternative Dispute Resolution

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.



Seton Hall University School of Law (J.D.)

Monmouth University (B.A.)

Brookdale Community College (A.A.)

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

Professional Activities

American College of Construction Lawyers
Board of Governors

American Bar Association
Forum on Construction Law
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, 1998-2005

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

United States District Court for the Southern District of New York

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 Bloomberg 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
Master Mediator Panel for Construction Cases, New Jersey

Civic/Charitable Activities

National Board of Directors, ACE Mentor 2012-2015

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