Robert C. Epstein

Robert C. Epstein

Shareholder

Robert C. Epstein is Co-Chair of the National Construction Law Practice and represents clients in the area of construction law and contracting. Robert is a frequent author and lecturer in the area of construction law.

Concentrations

  • Construction contracts, law and litigation
  • Catastrophe planning and response
  • Global energy and infrastructure

 

Capabilities

Experience

  • D&D Associates, Inc. v. North Plainfield Board of Education, 552 Fed. Appx. 110 (3d Circuit 2014); 2012 WL 1079583 (D.N.J. 2012); and 2011 WL 1871110 (D.N.J. 2011) (contractor claims)
  • American Motorists Ins. Co. v. North Plainfield Board of Education, 2013 WL 5337041 (App. Div. 2013) (contractor claims)
  • P.J. Smith Electrical Contractors v. North Plainfield Board of Education, 2013 WL 5975898 (App. Div. 2013) (contractor claims)
  • Gould v. Ruefenacht, 471 U.S. 701 (1985) (meaning of "security" under the federal securities laws)
  • Ruefenacht v. O'Halloran, 737 F.2d 320 (3d. Cir. 1984) (meaning of "security" under the federal securities laws)
  • Center 48 L.P. v. The May Dept. Stores Company, 355 N.J. Super. 390 (App. Div. 2002) (enforcement of guaranty)
  • Amerex v. Doane, 688 F.2d 818 (3d Cir. 1982) (enforcement of restrictive covenant)
  • Autotote Ltd. v. New Jersey Sports & Exposition Authority, 85 N.J. 363 (1981) (public contract bid protest)
  • Autotote, Ltd. v. New Jersey Sports & Exposition Authority, 171 N.J. Super. 480 (App. Div. 1979) (public contract bid protest)
  • Hercules, Inc. v. General Magnetic Tape Co., 180 N.J. Super. 206 (App. Div. 1981) (priority of tax lien)
  • Passavant v. United States Environmental Protection Agency, 477 F. Supp. 1200 (D.N.J. 1979) (public contract bid protest)
  • Zimpro, Inc. v. United States Environmental Protection Agency, 83 F.R.D. 302 (N.D.N.Y. 1979) (public contract bid protest)
  • BSP Div. of Envirotech Corp. v. United States Environmental Protection Agency, 471 F. Supp. 958 (D.N.J. 1979) (public contract bid protest)
  • Manganaro v. Carney's Point Township Sewerage Authority, 344 N.J. Super 343 (App. Div. 2001) (application of Affidavit of Merit Statute)
  • White Oak Funding, Inc. v. Winning, 341 N.J. Super 294 (App. Div. 2001) (application of New Jersey Spill Act)
  • Gothic Constr. Group v. Port Auth. Trans-Hudson Corp., 312 N.J. Super 1 (App. Div. 1998) (challenge to arbitration clause in public contract)
  • Nachtigall v. New Jersey Turnpike Authority, 302 N.J.- Super 123 (App. Div. 1997) cert. den. 151 N.J. 77 (1997) (public contract bid protest)
  • Grand Cove II Ass'n. v. Ginsberg, 291 N.J. Super. 58 (App. Div. 1996) (dispute involving construction insurance)
  • In Re Thomson McKinnon Secur., Inc., 143 B.R. 612 (Bkrtcy, S.D.N.Y. 1992) (objection to discharge in bankruptcy)
  • Barre-National, Inc. v. Doshi, 1988 U.S. Dist. Lexis 3323 (D.N.J. 1988) (enforcement of competitive restrictions)
  • Gach v. Century Cookies, Inc., 1985 U.S. Dist. Lexis 18938 (S.D.N.Y. 1985) (enforcement of competitive restrictions)

  • Representation of a public school district in a series of litigations arising from construction projects to renovate and expand five schools. The litigations involved claims of non-payment, delays, defective work, wrongful termination, civil rights violations, insurance coverage, surety bonding and bankruptcy law issues. Decisions in the litigations are reported at: 552 Fed. Appx. 110 (3d Circuit 2014); 2013 WL 5337041 (App. Div. 2013); 2013 WL 5975898 (App. Div. 2013); 2012 WL 1079583 (D.N.J. 2012); and 2011 WL 1871110 (D.N.J. 2011). 
  • Representation of a real estate developer in arbitration proceedings in defense of an $85 million claim by a tenant for damages based upon defective construction and construction delays.
  • Representation of an international investment firm in connection with construction of a $200 million ethanol plant. The construction project resulted in disputes and complex arbitration proceedings with the design/build contractor involving lien claims and claims of defective design, defective construction, unforeseen site conditions and project delays.
  • Representation of a real estate developer in defense of a $60 million claim of pervasive construction defects throughout a luxury townhome community.
  • Representation of a lender to an environmentally-sensitive property in litigation with the general contractor and design engineer of an environmental remediation project, involving claims of defective design, defective construction and contractor payment and lien claims. 
  • Representation of the Dormitory Authority of the State of New York in litigations arising from public construction projects.

  • Representation of a Fortune 100 company in connection with construction of a new $250 million national headquarters in New York. GT’s representation includes drafting design and construction contracts and addressing project issues as they arise.
  • Representation of an international conglomerate in connection with construction of a $2 billion entertainment and retail complex, water park and amusement park. GT’s representation includes negotiating and drafting all design, construction and supply contracts.
  • Construction counsel to the developer of a 13-story, high-end residential apartment building, in the landmarked Upper East Side district in Manhattan.

Recognition & Leadership

  • Listed, The Best Lawyers in America, Construction Law; Litigation – Real Estate; Real Estate Law, 2008-2018
  • Team Member, U.S. News - Best Lawyers®, Best Law Firms Edition, "Law Firm of the Year," Real Estate - Litigation, 2017
  • Listed, The Legal 500 United States, Real Estate and Construction – Construction, 2014-2015, 2017
  • Listed, Top Rated Lawyer in Construction, American Lawyer Media and Martindale Hubbell, 2013
  • Listed, Super Lawyers magazine, New Jersey Super Lawyers, 2007-2012
  • Member, Winning Team, New Jersey Law Journal’s "General Litigation Department of the Year" award, 2013
  • Rated, AV Preeminent® 5.0 out of 5

AV®, AV Preeminent®, Martindale-Hubbell DistinguishedSM and Martindale-Hubbell NotableSM are certification marks used under license in accordance with the Martindale-Hubbell® certification procedures, standards and policies.

  • Member, American Bar Association,  Forum on the Construction Industry, Public Contracts Law Section
  • Member, New Jersey State Bar Association, Construction Law Section

Credentials

Education
  • J.D., New York University School of Law, 1976
  • B.S., The Wharton School of the University of Pennsylvania, 1973
Admissions
  • New Jersey
  • New York
  • U.S. Court of Appeals for the Third Circuit
  • U.S. District Court for the District of New Jersey
  • U.S. District Court for the Southern District of New York
  • Supreme Court of the United States
  • Supreme Court of New Jersey
  • Supreme Court of New York