Robert C. Epstein

• Construction contracts, law and litigation
• Public contracts and bid protests

• Construction and Public Procurements
  • Counsel to developers of municipal complexes.
  • Counsel to a condominium and cooperative apartment complex in litigation against the developer/sponsor of the complex for construction and design defects.
  • Counsel to a redevelopment authority in a major capital program to redevelop a former military base.
  • Counsel to developers of a luxury town home community in construction defect litigation.
  • Counsel to the developers of a 2 million square foot, $500 million office development project.
  • Counsel to school districts in major capital programs to construct and renovate schools and in construction/design defect litigations.
  • Counsel to a county government in a $200 million project to build a new jail facility.
  • Counsel to a supplier of sophisticated computer systems, challenging the award of a major public contract.
  • Counsel to a supplier of electronic toll collection systems, challenging the award of a major public contract.
  • Counsel to the suppliers of sewage treatment equipment, challenging the award of major public contracts.
• Published Decisions
  • Center 48 L.P. v. The May Dept. Stores Company, 355 N.J. Super. 390 (App. Div. 2002) (enforcement of guaranty)
  • 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)
  • 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)

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

• Listed, The Best Lawyers in America, 2008-2012
• Selected, Super Lawyers magazine, 2007-2011
• Rated, AV® Preeminent™ 5.0 out of 5*

*AV® Preeminent ™ and BV® Distinguished™ are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies.

Articles

• Co-author, “Building Information Modeling Is Revolutionizing Construction,” New Jersey Law Journal, October 2009
• Author, “Lessons From the Minneapolis Bridge Collapse,” New Jersey Law Journal, January 2009  
• Author, "Rebuilding the Nation's Infrastructure," New Jersey Law Journal, October 2007
• Author, "Liability for Flawed Shop Drawings," New Jersey Law Journal, June 2007
• Author, "Approval by Default," New Jersey Law Journal, March 2007
• Author, "Liability for Construction Defects," New Jersey State Bar Association, Construction and Public Contract Law Section Newsletter, November 2006
• Author, "How Construction Contracts Cause Litigation," New Jersey Lawyer, October 2002; Municipalities, January 2001; Utility & Transportation Contractor, October 2000; The Authority View, August 2000
• Author, "Resolving Construction Disputes", New Jersey State Bar Association, Construction and Public Contract Law Section Newsletter, December 2002; Utility and Transportation Contractor, October 2002
• Author, "Avoiding Waste and Abuse in Public School Construction Projects," School Leader, August 2001
• Author, "How Owners Pay Twice for Construction Work," New Jersey State Bar Association, Construction and Public Contract Law Section Newsletter, May 2001
• Author, "Court Ruling Offers Promise to Contractors Facing One-Sided Arbitration Clauses in Public Contracts," Utility and Transportation Contractor, August 1998
• Author, "New Jersey's Local Procurement Laws Need Reform," New Jersey Policy Research Organization, January 1998
• Author, "The Ten Commandments of Competitive Bidding For Public Contracts," Utility and Transportation Contractor, 1994; Dimensions, January/February 1994; Hard Hat News, December 31, 1993
• Author, "Where New Jersey Contractors Go Wrong in Bidding for Public Contracts," Utility and Transportation Contractor, June 1992
• Author, "Soliciting High Technology Contracts," 137 New Jersey Lawyer 44 (1990); NewGovernment Contracts Service  Newsletter, Procurement Associates, Inc., May 1991. Cited as authority under the following New Jersey statutes: Refs & Annos, N.J.S.A. 18A:18A-19, N.J.S.A. 18A:18A-26, Refs & Annos, N.J.S.A. 40A:11-13, N.J.S.A. 40A:11-24.
• Author, "The Trouble with Competitive Bidding in New Jersey for High Technology Equipment," 16 Rutgers Computer and Technology Law Journal 63 (1990); 27B Yearbook of Procurement Articles, Federal Publications, Inc., 1990). Cited as authority under the following New Jersey statutes: Refs & Annos, N.J.S.A. 18A:18A, N.J.S.A. 40A, Ch. 11 Refs & Annos, N.J.S.A. 18A:64, Art. 5 Refs & Annos, N.J.S.A. 52:32, Ch. 5, N.J.S.A. 52:18A-78.11.
• Author, "Insurance Coverage of Construction Claims - You Already Have More Than You Think," Utility and Transportation Contractor, February 1995; American Welding Society Bulletin, February 9, 1995; Construction Data News, January 1995; Hard Hat News, January 13, 1995
• Author, "Contractor Liability When Hazardous Substances Are Discovered On A Construction Project," Utility and Transportation Contractor, February 1995; American Welding Society Bulletin, February 9, 1995; Construction Data News, January 1995; Hard Hat News, January 13, 1995
• Author, "Contractor Liability When Hazardous Substances Are Discovered on a Construction Project," Utility and Transportation Contractor, February 1995; American Welding Society Bulletin, February 9, 1995; Construction Data News, January 1995; Hard Hat News, January 13, 1995
• Author, "New Jersey's New Construction Lien Law," Utility and Transportation Contractor, April 1994
• Author, "Mechanics Liens and General Contractors Liens Made Easy," Utility and Transportation Contractor, February 1993
• Author, "Asserting and Defending Construction Claims in a Recessionary Economy" (first in a two-part series), Utility and Transportation Contractor, December 1991; Hard Hat News, April 22, 1992
• Author, "Asserting and Defending Construction Claims in a Recessionary Economy" (second in a two-part series), Utility and Transportation Contractor, February 1992; Hard Hat News, May 20, 1992

Lectures

• Lecturer, “Shop Drawings and Other Construction Submittals,” Lorman Education Institute, September 2009
• Lecturer, "Preventing Construction Defects," IQPC, July 19, 2006
• Lecturer, "Shop Drawings and Submittals," Business Publishers, Inc., April 27, 2006
• Lecturer, "Liability for Construction Defects," Lorman Education Services, January 12, 2006
• Lecturer, "Avoiding Construction Claims and Litigation with Effective Contact Language," Construction Roundtable of New Jersey, March 8, 2002
• Lecturer, "Managing Construction Risks in New Jersey: Liens, Bonds and Insurance," Lorman Education Services, February 29, 2000 and February 9, 2001
• Lecturer, "Avoiding Liability for Employee Claims:  Employment Law for Construction Projects in New Jersey," Lorman Education Services, May 9, 2001
• Lecturer, "How Construction Contracts Cause Litigation," New Jersey Water Environment Association, May 2, 2001
• Lecturer, "Managing Risks in Construction," Construction Roundtable of New Jersey, September 8, 2000
• Lecturer, New Jersey Construction Defect Claims, Lorman Education Services, July 11, 2000
• Lecturer, Managing Risks on School Construction Projects, New Jersey School Boards Association, June 6, 2000
• Lecturer, How Construction Contracts Cause Litigation, Construction Specifications Institute, June 23, 2000
• Lecturer, Liability of the Environmental Contractor, Institute of Business Law, April 10, 1996
• Lecturer, Defective Specifications, Meeting of The Construction Specifications Institute - Metropolitan New York Chapter, November, 1995
• Lecturer, Ten Commandments of Competitive Bidding for Public Contracts, Essex County College, Saturday Seminars for Small and Minority Entrepreneurs, April 23, 1994
• Lecturer, Ten Commandments of Competitive Bidding for Public Contracts, Department of Environmental Protection and Energy, Minority and Women Owned Businesses, May 7, 1993
• Lecturer, Asserting and Defending Construction Claims, Associated Builders and Contractors, October 17, 1991

Miscellaneous

• November 12, 1998, Testimony Before The New Jersey Assembly Appropriations Committee Regarding Assembly Bill A30 (reform of local procurement laws)
• March 12, 1998, Testimony Before The New Jersey Senate Community Affairs Committee Regarding Joint Resolution SJR13 (establishing commission to study local procurement reform)