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Construction

  • Representation of developers, owners, contractors, and design professionals in both public and private projects from contract negotiation through project completion and dispute resolution
  • Strategic contracting and risk management counsel, including drafting and negotiating American Institute of Architects, ConsensusDocs, Design Build Institute of America (DBIA), engineering, procurement and construction, and custom construction agreements, and advising on project delivery systems and key risk allocation provisions
  • Defend against construction and design defect claims, lien and bond disputes, bid protests, delay and cost overrun claims, and related financial and regulatory disputes in federal and state courts, ADR proceedings, and administrative forums

Greenbaum provides comprehensive legal representation to all stakeholders in the construction industry, including real estate developers, property owners, general contractors, subcontractors, material suppliers, and design professionals. With experience encompassing both public and private projects from inception to final completion, our practice is built on a deep understanding of the unique challenges and opportunities within the construction sector, allowing us to deliver proactive strategies and aggressive representation tailored to achieve a project's success.

Representative Matters

  • Represented the City of Elizabeth in complex infrastructure litigation arising from the premature collapse of retaining walls supporting a major roadway and bridge over the New Jersey Turnpike, following a $3 million repair project.
  • The firm is representing a condominium association in $15 million construction and governance litigation against multiple defendants, involving veil-piercing claims and allocation of responsibility for significant structural and common-area defects, while also advising on risk mitigation through renovation and construction contracts.
  • Representing a major property company and its affiliates in a series of Consumer Fraud Act and construction-defect lawsuits arising from the development and sale of luxury condominium units along Jersey City’s Hudson River “Gold Coast.” The matters involve claims under the New Jersey Consumer Fraud Act, Planned Real Estate Development Full Disclosure Act, and related tort and contract theories, including alleged construction defects, loss of New York City views, and unit size disputes. Several cases have been tried to verdict and others resolved through settlement; current litigation involves claims by 19 plaintiffs alleging unit size discrepancies.
  • Advised Avis Budget Group on the relocation and acquisition of its global headquarters in Parsippany. Structured to allow Avis to own, rather than lease, a four-story office condominium unit, providing long-term operational flexibility, the deal was recognized by NAIOP New Jersey as a finalist for 2023 “Deal of the Year.” Our team negotiated the purchase agreement, condominium master deed, and construction-related contracts for the buildout of the new headquarters.
  • Counseled Amazon on large-scale retail and commercial developments totaling millions of square feet across multiple locations, advising on redevelopment approvals, Payment in Lieu of Taxes (PILOT) agreements, environmental remediation, land use and zoning, construction permitting, and leasing matters.
  • Represented Rutgers, The State University of New Jersey, in high-stakes litigation and trial against a municipality concerning sewer utility access and alleged overcharges, including claims exceeding $2 million. The firm successfully tried the case and is defending the result on appeal before the New Jersey Appellate Division.
  • Represented the New Jersey Schools Development Authority in long-running condemnation and environmental remediation litigation, securing recovery of more than $4 million in escrowed funds to reimburse cleanup costs incurred by the client.
  • Successfully defended a major real estate developer in a six-month jury trial involving $200 million in alleged construction defect, financial misrepresentation, and consumer fraud claims brought by a condominium owners’ association.
  • Represented a condominium association in litigation against a developer for alleged construction and design defects and financial misrepresentations, securing an eight-figure settlement during trial.
  • Representing the owner of a large mixed-use residential development in Harrison in an appeal of a municipal withdrawing of a construction permit, challenging alleged construction delays and seeking to avoid substantial project harm and related damages.
  • Represented a major financial institution in construction loan litigation involving complex lender liability defenses and counterclaims, securing a jury verdict rejecting all lender liability claims and a judgment for full recovery of amounts due.
  • The firm represents residential property owners in a multi-million-dollar construction defect and consumer fraud action arising from a high-end renovation project in Glen Ridge, asserting claims for cost overruns, defective workmanship, unauthorized changes, and violations of the New Jersey Consumer Fraud Act.
  • Represented the New Jersey Institute of Technology (NJIT) as construction contracting counsel on the University’s Oak Hall residential hall facility. The Greenbaum team guided the University through procurement, contract development, and negotiations with the project’s design-build partner, helping ensure the project moved forward efficiently and on sound contractual footing. This project was recognized by the New Jersey Alliance for Action as one of New Jersey’s Leading Capital Construction Projects.
  • Representing the largest healthcare system in New Jersey in drafting and negotiating design and construction agreements for capital projects across its hospital network, including interior renovations, specialty medical upgrades, equipment relocations, and large-scale parking garage construction.
  • Appeared before the New York Court of Appeals on behalf of a major construction company in a contract and arbitration dispute involving a corporate headquarters development, securing confirmation of an arbitration award.

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