Robert Banner

Robert A. Banner is a highly seasoned construction lawyer with more than 40 years of experience navigating the full range of complex issues that can arise during any phase of a development or construction project.

Bob represents architects, engineers, owners, developers, construction managers, general contractors, and subcontractors in trials and arbitrations involving breach of contract, delay claims, intellectual property, unfair competition, alleged design professional malpractice, and commercial real estate disputes. He also drafts and negotiates complex construction and access agreements.

Prior to joining Tarter Krinsky & Drogin in 2024, Bob led the construction practice at another New York firm.

Bob is co-chair of the Construction Committee for the New York County Lawyers Association and has spoken and presented on the issues that arise during construction projects.

Outside of his practice, Bob is an avid golfer. He has played on 68 of Golf Magazine’s 2026 list of top 100 Golf Courses in the World.

Bar Admissions

New York

U.S. District Court for the Eastern District of New York

U.S. District Court for the Southern District of New York

Articles

NYREJ Industry Leaders Spotlight: Robert A. Banner, Construction & Design, The New York Law Journal

Building Buyer May Proceed With Claims Against Seller, New York Law Journal

TIAA Global Invs., LLC v. One Astoria Sq. LLC, 2015 NY Slip Op 01768 (1st Dep't Mar. 3, 2015)

DEFENDANT’S VERDICT Architect Malpractice, Jury Verdict Review & Analysis

Coping With a Neighbor’s Renovation, New York Times

Design Firms Should Care About Litigation, The Zweig Letter

How To Live Next To A Construction Site And Remain Sane, Curbed University, curbed.com

Benefits & Pitfalls of Outsourcing Email Services, New York Law Journal, e-Discovery Special Report, February 6, 2017

Representative Experience

Represents a public authority in adjacent property access issues arising out of the authority’s large capital projects.

Represents a leading general contractor in New York City on numerous construction matters, including transactions and litigations in public and private projects.

Represents a prominent New York City developer in the negotiation of multiple license agreements with neighbors involving simultaneous projects.

Represents an HVAC subcontractor in connection with multimillion-dollar litigations involving claims of delays and defective work.

Represented the owner and developer of a Buddhist monastery in a bench trial for a complex construction case brought by a terminated contractor. The result was a favorable decision for the owner.

Represented an architectural firm in a negligence action seeking millions in damages relating to zoning advice. After a nine-day trial in Supreme Court, New York County, the jury found the architectural firm and its principals (the only defendants) were not negligent.

Represented an engineering firm in a negligence and breach of contract action involving design and construction of a wastewater treatment plant. The entire claim, including a delay claim for over $10 million in federally mandated liquidated damages, was defeated at trial.

Represented an oil company executive in an arbitration before the International Chamber of Commerce involving ownership of shares in an oil field in Kazakhstan. The ICC awarded ownership of the shares, valued in excess of $20 million, to the client, along with substantial monetary damages.

Drafted a series of master agreements for a large financial institution to use in its contracts with architects, contractors, and construction managers.

Represented the Empire State Development Corp. in achieving a successful verdict and full compensation against an action involving the collapse of a building in New York’s Time Square

Represented a large engineering firm an $8 million negligence and delay claim involving design and construction of an interstate highway. The result was a successful jury verdict for the engineering firm after a lengthy trial.

Represented a financial services firm in an arbitration for fees owed and against a counterclaim for unfair competition. The arbitrators decided the fee should be paid in full and denied the counterclaim.

Represented an architectural firm that successfully argued for dismissal of all claims against it in connection with 7 World Trade Center under the NY State Defense Emergency Act.

Represented an architectural firm in a claim alleging negligent cost estimates involving a New York City Private School. The case was settled on the eve of trial for de minimus amount.

Represented a co-op board at trial in a dispute in which a tenant claimed substantial property damage due to asbestos contamination. The result was a successful jury verdict.

Represented Equitable Life Assurance Company in a trial alleging defective construction of a health club. A jury awarded Equitable a seven-figure recovery.

Represented an architectural firm in a trial involving the collapse of a portion of a midtown office building. The court granted the architectural firm’s motion to dismiss at the conclusion of the plaintiff’s case.

Represented a Rock & Roll Hall of Fame Group and its most well-known member in a dispute regarding a recording studio. Settled on the eve of trial for de minimus amount.

Represented a large pension fund that purchased a building with construction defects despite an "as is" clause in the purchase agreement.

Represented a financial services firm in a dispute involving compensation and wrongful appropriation of proprietary information.

Represented a spouse in a multimillion dollar claim in Bankruptcy Court for breach of a separation agreement.

Represented owners of a condominium complex and obtained a verdict in the New York Supreme Court to maintain a valuable easement after trial.

Represented developers in a multimillion-dollar attorney malpractice case involving zoning.

Represented a world-renowned design firm in employment litigation, defending against a claim of wrongful termination.

Represents numerous owners of townhouses, schools, commercial buildings, not-for-profit organizations, and residences in negotiations with adjacent property owners.

Represents a large public entity in negotiating dozens of access agreements to enable construction of several large infrastructure projects.

Represents a contractor in all aspects of its business including review of public and private contracts.

Represents the seller of buildings against allegations of fraud and breach of contract.