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Mediator Resume

Peter J. Smith, Esq.

Peter J. Smith, Esq.

Current Employer-Title

Connell Foley LLP - Partner

Profession

Attorney

Work History

Partner/Associate, Connell Foley LLP, 1982-Present; Judicial Clerk, Superior Court of New Jersey, 1981-1982.

Experience

Over 30 years of experience as civil trial lawyer in construction and public contract law. 85% of practice is in construction law, representing contractors, owners, architects, engineers, subcontractors, suppliers, and manufacturers involving public and private projects (commercial, institutional, industrial, marine, and residential) ranging in value from $50,000 to more than $100 million. Handles disputes related to public bidding, construction delay, differing site conditions, change orders, design defects, construction defects, and surety bond issues.

Mediator Experience

Served as a mediator on more than 50 construction disputes involving public and private construction projects including claims of contractors for additional compensation and claims of professional liability. Those mediations include claims between contractors and public owners and contractors and design professionals.

Representative Issues Handled as a Mediator

Construction cases mediated have included the following issues: delay damages, owner interference, design errors and failure to perform.

Mediator Style & Process Preferences

My philosophy as a mediator is facilitative, not evauative. I do not look to decide issues as a mediator, rather to discuss with parties in confidence the strengths and weaknesses of their case in an effort to bring parties toward a mutually agreeable resolution. I expect that parties will be prepared and have representatives with authority available to make decisions at mediation proceedings.

Education

University of Notre Dame (BA-1978); Rutgers University (JD-1981)

Professional Licenses

Admitted to the Bar: New Jersey (1981), New York (1988); U.S. District Court: District of New Jersey (1981), Eastern and Southern Districts of New York; U.S. Court of Federal Claims (1985); U.S. Supreme Court (1985). Certified as a Civil Trial Attorney by the New Jersey Supreme Court.

Professional Associations

American Bar Association (Forum Committee on Construction Industry; Public Contract Law Section); New Jersey State Bar Association (Construction and Public Contract Law Section, Past Board of Directors, Past Chair); Associated General Contractors of New Jersey (Associate Member); Associated Construction Contractors of New Jersey (Associate Member); Utility and Transportation Contractors of New Jersey (Associate Member).

Recent Publications & Speaking Engagements

Co-author, "Representing the Contractor in Defense of Owner Claims," CONSTRUCTION LITIGATION: REPRESENTING THE CONTRACTOR, 2nd ed., John Wiley & Sons, 1992.

Compensation

Hourly Rate: $550.00 Daily Rate: Not provided Study Rate: $550.00/hr Cancellation: Not provided Cancellation Period: Not provided Comment: Travel and study time charged at hourly rate.

Languages

English

Citizenship

United States of America

Locale

Roseland, New Jersey