Robert C. Epstein

Experience: Claim/Dispute Matters: Representation of an international conglomerate in connection with construction of a $5 billion entertainment and retail complex, water park and amusement park. GT's representation includes negotiating and drafting all design, construction and supply contracts and litigating numerous construction and design defect claims.; 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.; Construction counsel to the developer of a 13-story, high-end residential apartment building, in the landmarked Upper East Side district in Manhattan.; 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).; Published Decisions: 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); 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.,, 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)