Peter J. Smith

Partner, Roseland Office

85 Livingston Avenue

Roseland, New Jersey 07068

Phone:  (973) 535-0500

psmith@connellfoley.com

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Published Decisions

Publications

Professional Activities

Representative Experience


Peter J. Smith's practice is primarily devoted to litigation and arbitration of construction disputes. He became a partner of the firm in 1989.

 

In 1999, Mr. Smith was selected by the American Arbitration Association to serve on its New Jersey Public Sector Panel of Mediators and Arbitrators. He has served on a variety of construction industry arbitration panels, deciding claims involving major public and quasi-public construction projects and surety matters.

 

The Supreme Court of New Jersey, Board of Trial Attorney Certification, has designated Mr. Smith a Certified Civil Trial Attorney. He was also appointed to the New Jersey Construction Advisory Council of the American Arbitration Association, 2006.  

 

 

 

 

Practice Areas:

Construction Law

Alternative Dispute Resolution

Admitted to Practice:

State of New Jersey

United States District Court for the District  of New Jersey

United State Claims Court

United States Supreme Court

State of New York

 

 

Education:

University of Notre Dame (B.A., 1978)

Rutgers University (J.D., 1981)

Affiliations:

American Bar Association

New Jersey State Bar Association


Published Decisions

PT&L Construction v. State of New Jersey, Department of Transportation, 108 N.J. 539 (1987)
Rush, et als v. Kuhn Smith & Harris, 193 N.J. Super.  389 (App. Div. 1984)
Schoonover Electric Co., Inc. v. Enron Corp. (In re Enron Corp.), 294 BR 232 (Bankr. SDNY 2003)

Publications

Co-Author,Representing the Contractor in Defense of Owner Claims,” in Construction Litigation: Representing the Contractor, Wiley Law, Second Edition (1992)

Professional Activities

Member, Construction and Public Contract Law Section, New Jersey State Bar Association

Chairman, Construction and Public Law Section, New Jersey State Bar Association (1993-1995)

Member, Public Contract Law and Litigation Sections, American Bar Association

Member, Construction Industry Panel of Arbitrators, American Arbitration Association (1995 to present)

Member, ABA Forum on the Construction Industry, American Bar Association

Representative Experience

Represented a large state university in defense of contractor claims for additional compensation for unanticipated subsurface conditions in the installation of a campus wide system of underground utilities;

Represented a general contractor recovering claims for delay damages in excess of $1 million arising from the major expansion of a publicly owned hospital;

Represented several publicly traded real estate investment trusts in recovery of claims in multiple lawsuits for defective construction from contractors, design professionals, and others on large high-rise residential and shopping center projects;

Represented a state authority in action to recover damages from contractors and designers in connection with the premature failure of irregular concrete surfaces and PVC piping in a feature park;

Represented an architectural firm in the defense of claims of professional negligence resulting from the specification of masonry flashing and water penetration through exterior masonry walls of a large public facility;

Represented a general contractor in defense of claims resulting from the weekend collapse of a YMCA natatorium ceiling;

Represented an architect reviewing construction progress for a lender in a high-rise residential condominium on the Hudson River in defense of claims of defective construction by a condominium association;

Represented a local school board asserting claims of professional negligence against its architect in a multiple school expansion and new construction project;

Represented subcontractors including an electrical contractor, roofer, and mechanical contractor in managing claims and account receivables;

Represented a construction manager in claims arising from the $100 million expansion of a casino hotel in Atlantic City.