FacultyFaculty/Author Profile
Robert J. MacPherson

Robert J. MacPherson

Gibbons P.C.

Newark, NJ, USA


Robert J. MacPherson is a Fellow of the American College of Construction Lawyers and former Chair of the ABA Forum on Construction Law.  He has been practicing construction law since 1981, focusing his practice on drafting and negotiating all manner of contracts relating to construction projects and the resolution, through negotiation, mediation, arbitration and litigation, of construction disputes.  He is admitted to practice in the State and Federal Courts in New Jersey and New York.

Mr. MacPherson regularly 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 has been lead counsel in disputes involving contract termination (both prosecuting on behalf of owners and defending on behalf of contractors), liens, surety bonds, extra work claims, defective work claims, scheduling and delays.

He teaches Construction Law at Rutgers Law School, Newark, N.J..

Mr. MacPherson also acts as a mediator and arbitrator and has been involved in developing and conducting mediation education and training programs in New Jersey.  He taught Alternative Dispute Resolution at Rutgers Law School from 1996 until 2004.

Representative Matters

Defended cooperative housing corporation in action by municipality seeking over $20 Million for the repair of the concrete encased columns and slab supporting  the coop’s building over a major urban highway.  Issues include legality of emergency contract let without public bidding, access rights to public roadway to maintain coop’s structures, impossibility of performance, beach of implied contractual duties and liability of municipality for corrosive effect of road deicing materials on coop’s concrete structures.

Provided Construction Contract advice on one of the first P 3 projects in the New York area

Negotiated EPC and Operations & Maintenance agreements on behalf of Develpoer for 42 MW bio-mass power plant being built in Ireland.

Represented a non-profit 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.

Acted as construction contract and claims counsel for 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. 

Represented 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.

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 manuscript 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 statue of limitations, choice of law, limitations of liability provisions and warranty claims, including a claim the warranty failed of its essential purpose.

Arbitrator in a dispute between 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 over 100 construction contract, construction defect, insurance and surety disputes involving from two to over forty parties with claims ranging from thousands to millions of dollars.

Robert J. MacPherson is associated with the following items:
CHB Chapters  CHB Chapters Mediators Ethics Guidelines - Building Better Construction Contracts 2016, Friday, December 16, 2016
European Code of Conduct for Mediators - Building Better Construction Contracts 2016, Friday, December 16, 2016
Model Standards of Conduct for Mediators - Building Better Construction Contracts 2016, Friday, December 16, 2016
Forty Lines Mediators Can Hang Clothes On. No Really! - Building Better Construction Contracts 2016, Friday, December 16, 2016
Web Segment  Web Segment Duties of Appointed Defense Counsel and Mediators: Ethical Challenges - Building Better Construction Contracts 2016, Monday, December 19, 2016
MP3 Audio  MP3 Audio Duties of Appointed Defense Counsel and Mediators: Ethical Challenges - Duties of Appointed Defense Counsel and Mediators: Ethical Challenges , Monday, December 19, 2016
Transcripts  Transcripts Duties of Appointed Defense Counsel and Mediators: Ethical Challenges - Duties of Appointed Defense Counsel and Mediators: Ethical Challenges , Monday, December 19, 2016
MP4 - Mobile Video Seg  MP4 - Mobile Video Seg Duties of Appointed Defense Counsel and Mediators: Ethical Challenges - Duties of Appointed Defense Counsel and Mediators: Ethical Challenges , Monday, December 19, 2016
On-Demand Web Programs  On-Demand Web Programs Building Better Construction Contracts 2016, Tuesday, January 03, 2017, New York, NY
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