Mark Fleder

Practice Areas

Construction

Commercial Litigation

Career

Mark Fleder brings decades of construction litigation experience to bear in representing general contractors, specialty sub-contractors, suppliers, design professionals and public and private owners in the full range of construction disputes. Through his extensive relationships with architects, engineers, accountants and other experts, Mark has developed a comprehensive knowledge of the complex technical details involved in disputes over defective construction, warranties and design flaws, as well as payment issues pertaining to claims for construction defects, extras, delays, damages and back charges, bid protests and multi-party settlements.

Mark also provides counsel in matters involving complicated insurance and defense problems stemming from construction projects such as power plants, prisons, casinos and hospitals. He is experienced in all aspects of litigation, from trials to appeals, arbitrations and mediations.

In addition, Mark handles OSHA cases and assists with the coordination of clients’ responses in accident and catastrophe situations. He served as part of the public owner’s project teams during the construction of major New Jersey projects, including a $400 million prison, a $100 million mental hospital, a $100 million county vocational school and several large parking garages. More recently, he has advised financing institutions and owners on construction defect and contractor default issues and remedies.

Mark served as a law secretary to the Honorable Joseph H. Stamler, New Jersey Superior Court, Chancery Division (1969-1970) and as a legal assistant to Administrative Director of the Courts (1970) for a special confidential assignment for the Governor. For more than 10 years, he was a faculty member/speaker for the National Practicing Law Institute’s Construction Law Program on the subject of delay claims and resulting damages. He routinely speaks as an expert on construction-related topics to various groups including contractors, owners, designers, insurers, contractor associations and accountants.

Professional Memberships

Member, American Bar Association’s Forum Committee on the Construction Industry, Public Contract Law, and Litigation Sections

New Jersey State Bar Association

Essex County Bar Association

New Jersey Trial Lawyers Association

American Bar Association

Publications

Author, "Representing the Contractor in Defense of Contractor Claims," (Chapter: "Defending Owner Claims")

2010

Author, "Construction Litigation-Representing the Owner," (Chapter: "Delays")

2009

Co-author, "Ensuring Success: Businesses return to the basics in this economy"

Construction Today, 09.2009

Co-author, "A View from the Federal Bench: Perspectives on Construction Disputes in the Year 2006 and a Review of Recent Trends and the New Rules That Will Impact Construction Disputes in the Federal Courts"

Construction Superconference, 12.2006

Co-author, "In Public Projects, the Agency CM is 'At-Risk'"

Construction EXECUTIVE magazine , 02.2006

Author, "Design-Build Construction Contracting"

2000

Expert in these Jurisdictions

New Jersey

United States Court of Appeals for the Third Circuit

United States District Court for the District of New Jersey

United States Supreme Court

Experience

Representation of the Associated General Contractors of New Jersey for 35 years

Representation of the New Jersey Construction Industry Advancement Program for its initial 30 years

Representation of contractor against the State of New Jersey in the NJ Supreme Court case that abolished Sovereign Immunity in contract cases

Representation of engineering firm in court case that changed New Jersey law and held design professionals liable directly to contractors for malpractice claims

Representation of various contractors advancing major delay claims leading to negotiated settlements in many cases

Representation of national design firm in multi-party litigation defending substantial design deficiency claims

Representation of prime contractors against public owner for delay and extra work claims resulting from default of co-prime contractor

Representation of clients involved in family construction businesses, including multi-generational issues

Consultations on insurance-coverage situations for defective construction work and defense arrangements

Education

Awards