Mediator Resume

FBT Gibbons LLP - Partner

Attorney

Partner, FBT Gibbons LLP, 2026-Present; Director, Gibbons P.C., 1999 - 2025; Summer Associate, Hannoch Weisman, 1998 - 1998.

Legal career is concentrated in construction litigation and construction counseling representing public and private owners, developers, contractors and subcontractors in their capacity as plaintiffs and defendants. Successfully litigated and arbitrated multi-party matters involving a variety of construction contract claims, including design and construction defects, delays, liens, bonds, change orders, payment disputes and damage limitation provisions. Claim amounts have ranged from the lower six figures to upwards of $10 million. Significant experience negotiating and drafting contracts for projects involving labs, academic centers, medical institutions, public schools, laboratory facilities, hi-rise office buildings, energy facilities and building additions of varying sizes. Notable contracts include: design and construction agreements for a $225 million addition to a major Tri-State area medical center; architect and engineer agreements for a new tri-state area Medical School; template AIA master services agreement for a leading American manufacturer of commercial and consumer products; and public private agreements for large scale public transportation projects. Frequent lecturer on topics such as AIA agreements, Public Private Contracts and Unit Pricing. Adjunct professor at Montclair State University and guest speaker at Rutgers School of Law-Newark.

Mediated in a wide array of business disputes, including: breach of contract, construction liens, change orders, consumer fraud, payment disputes, and construction defects. Total Number of Cases Mediated: Approximately 25 References: Richard A. Vrhovc, Esq., Phone: (973) 779-2001, Email: ttpv3093@msn.com Steven W. Wells, Esq., Phone: (716) 983-4750, Email: steve@wellspc.com Richard S. Mazawey, Esq., Phone: (9730 777-6401, Email: richard@mazlawfirm.com Matthew Lakind, Esq., Phone: (201) 343-1100, Email: mlakind@tessercohen.com Robert J. MacPherson, Esq., Phone: (908) 489-3518, Email: rmacpherson@cokinoslaw.com Years of Experience as a Mediator: 10

Breach of contract - Scope of termination for cause provision; what damages constitute consequential damages; recovery for delay; interpretation of scope of work Construction liens - Definition of lien fund; timeliness of lien Consumer fraud - Warranty and repair obligations of car dealership Payment disputes - Pay when paid provisions, paid if paid provisions Construction defects - Allocation of liability between contractor and its subcontractors.

My principal role as the mediator is to facilitate communication between the parties to help them reach a fair and voluntary resolution. I encourage the parties to raise all issues and to explore options that are "outside the box". I stress to the parties that unlike in litigation, through mediation they control the outcome of their case. I expect the parties to be prepared and active in the negotiations, even if represented by counsel, stressing that the mediation is confidential and my role is that of a neutral. If the parties reach a resolution, I ask the parties to reduce the core terms to a signed writing before concluding the mediation.

Rutgers School of Law, Newark (JD, summa cum laude, order of the coif-1999); Montclair State University (BA, Political Science, magna cum laude-1996).

Admitted to the Bar: Pennsylvania (2024), New York (2000), New Jersey (1999); U.S. District Court: District of New Jersey (1999), Eastern and Southern Districts of New York (2005).

American Bar Association New Jersey State Bar Association Professional Women in Construction New Jersey Superior Court Roster of Mediators National Association of Women Lawyers "NAWL", Co-Chair, Construction Affinity Group New Jersey Supreme Court Committee on Character for Part II Member

Publications: -"Recent Construction Law Decision Holds That Contract Payment Terms Control Over New Jersey’s Prompt Payment Act", Gibbons Law Alert, Lisa Lombardo, Julia E. Browning, Gibbons P.C. Business Litigation Alert, August 21, 2024 -"Construction and development experts: Keep a finger on the pulse", NJBIZ, May 6, 2024 -"Vacating or Modifying an Arbitration Award in New Jersey State Court", Thomson Reuters, Lombardo, Susan M. Kritzmacher May 2, 2024 -American College of Construction Lawyers 35th Annual Conference, "Mock Arbitrations", Lisa Lombardo, February 24, 2024 -NJBIZ panel addresses opportunities, challenges for women in the workplace, NJBIZ, Lisa Lombardo, January 8, 2024 -NJBIZ panel talks women in the workplace, NJBIZ, Lisa Lombardo, December 13, 2023 -Co-Author of Chapter in "Arbitral Forum and Selecting Arbitrators, Construction Arbitration: The Advocate's Practical Guide", Lisa Lombardo, Robert MacPherson, August 2023 -"Clear and Unequivocal Pay-If-Paid Provision in Construction Contract Establishes Precondition to Payment Between Contractor and Subcontractor", New Jersey Law Journal, Lisa Lombardo, Michael A. Conforti, April 24, 2023 "-Panel's Message to Nonpaying Contractors in Fee-Shifting Case: Pony Up", New Jersey Law Journal, Lisa Lombardo, October 27, 2021 -"Governor Murphy Signs Executive Order Number 142 Allowing Resumption of Non-Essential Construction, Curbside Pick-Up from Non-Essential Retail Stores, and Gatherings in Vehicles", Gibbons P.C. Business Litigation Alert, May 20, 2020 -"Recent NJ Appellate Division Decisions Leave Lien Claimants '0 and 2'", New Jersey Law Journal, April 27, 2020 -"Governor Murphy Signs Executive Order Number 122 to Cease All Non-Essential Construction Projects and Impose Additional Mitigation Requirements", Gibbons P.C. Business Litigation Alert, April 14, 2020 -Construction Law Update: Case Law and Legislation Affecting the Construction Industry, ABA Forum on the Construction Industry, 2015-2016, 2014-2015, 2013-2014, 2011-2012. -"Missed the Starting Gun? Application of the Statute of Repose in Construction and Defective Product Cases", Gibbons P.C. Business Litigation Alert, Lisa Lombardo, Robert J. MacPherson, June 03, 2015. -"Update from the Courts: Lost Profits Considered Direct Rather Than Consequential Damages by New York Court of Appeals Under Construction", the Newsletter of the ABA Forum on the Construction Industry September 2014. -"New York State’s Design Build Statute May Pave the Way for Public Private Partnerships", Gibbons P.C. Business Litigation Alert, Lisa Lombardo, Robert J. MacPherson, May 01, 2013. Speaking Engagements: -Moderator/Speaker, New Jersey State Bar Association Annual Mid-Year Meeting, "Top Negotiated and Litigated Clauses in Construction Contracts," Sorrento, Italy, October 13, 2025 _Speaker, "Construction Contract Fundamentals" AIA Contract Document Workshop, Half Moon Education Inc., January 10, 2025 -Lorman Education Services Webinar, "Unit Price Adjustment Provisions in Construction Contracts", May 30, 2024 -NJBIZ "Construction & Development" Panel Discussion, April 30, 2024 -NJBIZ Webinar, "Women in Business", December 12, 2023 -Lorman Education Services Webinar, "Identifying Troublesome Contract Clauses and Their Solutions", Lisa Lombardo, Caroline E. Oks, April 25, 2023 -NJBIZ Panel Discussion, "The Future of Construction/Development", May 24, 2022 -Lorman Education Services Webinar, "Is the Price Really Right? A Look at Unit Price Contracts", March 24, 2021 and October 9, 2018 -Gibbons Academy, "'Arbitration Rules and Procedures' Not An Oxymoron", August 20, 2020 -Lorman Education Services Webinar, "Contract Provisions Subcontractors Need to Know About", February 24, 2020 -American Arbitration Association, "Seeking Efficiency and Economy in Arbitration: The Attorneys Role," October 18,

Hourly Rate: $740.00 Daily Rate: Not provided Study Rate: $740.00/hr Cancellation: Not provided Cancellation Period: Not provided Comment: Travel time will not be charged for travel that is within 25 miles of Newark, New Jersey.

English

United States of America

Newark, New Jersey