Mr. MacPherson has been practicing construction law exclusively since 1981. He is a Fellow of the American College of Construction Lawyers and former Chair of the American Bar Association’s Forum on Construction Law. He acts as construction contract and disputes counsel for contractors, subcontractors, suppliers, and owners involved in building and heavy civil construction for public and private work. He is admitted to practice in the state and federal courts in New Jersey and New York. In addition to his practice counseling clients in construction matters, he regularly serves as an arbitrator and mediator of construction disputes. He is a pro bono mediator for the Southern District of New York and the Supreme Court of New York, New York County. He was also a pro bono mediator for the Tinton Falls, New Jersey Municipal Court. He is on the Boards of Building For Good and ACE Mentor Program of America and is a member of the Building Board of Directors of the Associated General Contractors of New York State (AGC NYS). He is a graduate of Brookdale Community College, Lincroft, New Jersey; Monmouth University, West Long Brach, New Jersey; and Seton Hall University School of Law, Newark, New Jersey. He has taught ADR and Construction Law at Rutgers Law School, Newark, New Jersey.
Represented the design-builder of a power plant in a dispute with the supplier of two 315 MW CFB Steam Generators. Primary issue was the use of 3D modeling in the design process. Other issues included design deliverable liquidated damages and concurrent delays.
Defended a cooperative housing corporation in an action by a municipality seeking over $20 million for the repair of the concrete encased columns and slab supporting the co-op’s building over a major urban highway. Issues included the legality of an emergency contract let without public bidding; access rights to public roadway to maintain co-op’s structures; impossibility of performance; breach of implied contractual duties; and liability of the municipality for corrosive effect of road deicing materials on the co-op’s concrete structures.
Negotiated a $120 million contract for the design and construction of the headquarters campus of a major pharmaceutical company.
Acted as construction contract and claims counsel for the owner/developer of several hydroelectric projects in upstate New York. Prepared and negotiated contracts with designers, contractors, and major equipment suppliers. Provided advice on claims and disputes that arose during construction and litigated extra work, delay, and warranty claims.
Advised a public agency on construction contract issues involving a public-private partnership or, “P3,” project.
Negotiated EPC, Fuel Supply, and Operation and Maintenance agreements for a 50 MW bio mass fueled combined heat and power plant with a value in excess of €120 million.
Assisted a German wind turbine manufacturer in redrafting its supply contracts for use in the U.S.
Negotiated EPC contracts for several solar projects in New Jersey.
Represented a nonprofit foundation in the negotiation of a $500 million construction management agreement.
Negotiated a $180 million construction management agreement for a major retail development on a Brownfield site in Brooklyn, New York. Advised the construction manager on issues that arose during construction.
Provided advice to design-builder on issues related to P3 projects.
Assisted a wind turbine manufacturer and supplier in the preparation of master contracts between the manufacturer and private power developers. Also provided advice in connection with disputes including design and construction defects and performance warranties for projects throughout the U.S.
Arbitrator in a dispute between the owner and design-builder of a gas-fired peaking plant. The design-build contract value was in excess of $40 million, and a separate turbine supply contract between the owner and turbine manufacturer was approximately $60 million. Issues included coordination between the design-builder and the turbine supplier, delays, construction defects, manufacturing defects, and performance guarantees.
Arbitrator in a dispute involving a design-build contractor’s $30 million claim against an insurer under a policy providing coverage for certain payment obligations of the project owner and a performance bond surety arising out of a landfill closure project.
Arbitrator in a dispute involving the sale of a construction company where the future revenue from a public construction project was the source of the funding for the purchase price.
Arbitrator in a dispute arising out of contracts for roof systems on two office buildings. Issues include statute of limitations, choice of law, limitations of liability provisions, and warranty claims, including a claim that the warranty failed of its essential purpose.
Arbitrator in a dispute between a contractor and subcontractor on several public housing authority projects. Issues included the subcontractor’s claim that it was the general’s joint venture partner; a project suspension by the owner and the application of the Eichleay formula for a home office overhead claim arising out of the suspension; and extra work claims.
Mediator in more than 100 construction contract, construction defect, insurance, and surety disputes involving from two to more than 40 parties with claims ranging from thousands to millions of dollars.
Seton Hall University School of Law|Monmouth University|Brookdale Community College
J.D.|B.A.|A.A.
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State of New Jersey|State of New York|United States District Court for the District of New Jersey|United States District Court for the Eastern District of New York|United States District Court for the Southern District of New York|Supreme Court of the United States
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Listed in Chambers USA Guide to America’s Leading Lawyers for Business, Construction; Litigation: General Commercial – 2013, 2014
Listed in Best Lawyers®, Construction; Litigation – Construction
Named Newark, NJ “Lawyer of the Year” – Litigation – Construction, 2016
Named Newark, NJ “Lawyer of the Year” – Construction Law, 2012 & 2020
Selected to the New Jersey Super Lawyers list, Construction Litigation
Recipient, 2008 Chambers “Award of Excellence for Construction”
AV® Peer Review Rated by Martindale-Hubbell
James B. Boskey ADR Practitioner of the Year, 2001
American College of Construction Lawyers
Board of Governors
Fellow
American Bar Association
Forum on Construction Law
Budget Chair, 2009-2010
Chair, 2008-2009
Chair-Elect, 2007-2008
Chair, Alternative CLE Committee, 2006-2007
Governing Committee, 2003-2006
Chair of Division 1, 2000-2002
New Jersey Bar Association
Dispute Resolution Section
Chair, 1994-1995
Construction and Public Contract Law Section
Garibaldi ADR Inn of Court
Original Member, 1998-2005
Appointed by the New Jersey Supreme Court to the Supreme Court Committee on Complementary Dispute Resolution, 2013-2015
Committee on Complementary Dispute Resolution of the New Jersey Supreme Court, Court Term 1994-1996
Superior Court of the State of New Jersey, 1994-2007
Mediator
United States District Court for the Southern District of New York
Mediator
Associated General Contractors of New York State
Associated General Contractors of America
Former member, New York City Procurement Policy Board Advisory Council
Member of the Construction Cost Reduction Team appointed by Mayor Michael Bloomberg to study and report on New York City’s capital construction program. The report was delivered in July 2008
Construction Industry Arbitration and Mediation Panel, American Arbitration Association
Master Mediator Panel for Construction Cases, New Jersey