Robert S. Dowd, Jr. has extensive experience in construction law, on behalf of owners, contractors, subcontractors and public entities on public and private projects, including trials, arbitrations, mediations, appeals, bid challenges and substantial bond and lien prosecutions and defenses, as well as counseling private and public entities on a wide variety of construction matters, including contracts and disputes.

​

Bob served for many years as the co-chair of the Bergen County Bar Association Construction Law Committee and is an acknowledged state-wide authority on the New Jersey Construction Lien Law, having published several articles, co-authored a practice guide and presented seminars on this subject to the New Jersey Bar. At the invitation of the Constitutional Officers Association of New Jersey, Bob presented a seminar on all aspects of the New Jersey Construction Lien Law to the New Jersey County Clerks and Registrars Section.

 

Bob authored a guide on New Jersey public and private lien and bond practice, has written several articles on various construction law topics and has been a featured speaker at numerous construction law seminars.

 

For over 30 years, Bob was a member of the Construction and Public Contract Section of the New Jersey Bar Association and is a former co-chairperson of the Construction Law Committee of the Bergen County Bar Association.

 

Publications:

• “Construction Law, Supplier's Allocation-of-Payment Obligations Under Construction Lien Law,” The New Jersey Law Journal

• “The Absence of Privity on Construction Projects Poses Difficulties,” The New Jersey Law Journal 

• “Mechanic’s Lien Law and Strategies in New Jersey,” National Business Institute.

• “New Jersey’s Amended Prompt Payment Act: One Year Later,” The Bergen Barrister

• “Construction Disputes: Arbitrate or Litigate,” The Record

 

Seminars:

• "Nuts and Bolts of New Jersey Construction Lien Law 2023 presented by New Jersey ICLE and the Construction Law Section of the Jersey Bar Association"

• New Jersey Construction Lien Law: Basics and Update 2019 presented by New Jersey ICLE and the Construction Law Section of the NJ Bar Association

• 2018 Lien on Me: Mastering New Jersey's Construction Lien Law presented by New Jersey ICLE and the Construction Law Section of the NJ Bar Association

• 2015 NJ Construction Lien Law presented to the New Jersey County Clerks

• 2014 Hot Topics in Construction Law

• Construction Arbitration

• Mechanic's Lien Law Strategies in New Jersey

• How Contractors Get Paid...or Not

• NJ Consumer Fraud Act and Home Improvement Contractors: Navigating the Minefield

• MMLs, CLCs & NUBS - The ABCs of NJ Lien Law and Payment Bond Claims

 

Representative Matters:

• Twenty-year representation as outside general counsel of public road construction company and over one dozen affiliates operating in New York/New Jersey metropolitan area, eastern Pennsylvania and central New Jersey with over $300,000,000 in annual revenue. Representation included filing, prosecution and defense of scores of construction liens, municipal mechanic’s liens, payment bond claims and lawsuits in well over one-hundred separate matters. 

• Representation of the New Jersey Sports and Exposition Authority in litigation involving a multi-million-dollar series of claims filed by over one dozen subcontractors on the Xanadu (now American Dream) and New Meadowlands Stadium leasehold interests. 

• Defense and workout of myriad substantial claims against major developer by subcontractors and material suppliers including addressing the millions of dollars in construction liens filed against this developer’s various large residential condominium projects located in Jersey City, Hoboken and Asbury Park, New Jersey.

• Won six-figure award after several day arbitration of construction defect claims by client owner of large warehouse facility in the New Jersey Meadowlands against builder, along with dismissal of builder counterclaims for unpaid balance of contract. The entry of this arbitration award followed obtaining  discharges in a separate litigation of the $275,000 in subcontractor construction lien claims filed against the warehouse. 

• Part of litigation team which successfully prosecuted New York State Court claims for breach of $100 million construction management agreement for the conversion and renovation one of Brooklyn’s landmark buildings. 

• Decade long representation of largest granite quarry in North America and one of largest producers of aggregates and asphalt in New York/New Jersey metropolitan area and related public road construction operation. Representation included filing scores of construction liens, municipal mechanic’s liens, payment bond claims and lawsuits in connection with projects throughout NYNJ metropolitan area until sale of company to largest building materials company in North America. 

• Won six-figure arbitration award on behalf of owner against general contractor after weeks long arbitration against builder of pre-engineered metal building and its subcontractor. 

• Secured six-figure pre-suit settlement of claims by owner of large industrial warehouse for defects in insulation under EPDM roof leading to corrosion and structural compromise and partial collapse of roof deck. 

• Obtained six-figure settlement in mediation on eve of trial of claim by luxury condominium owner against developer and contractors for defects in wood flooring. 

• Successful defense of owner/developer against condominium association’s multi-million dollar claims for construction defects in residential tower on Hudson River. 

• Won decision in New Jersey Appellate Division affirming Trial Court verdict in favor of client general contractor against State of New Jersey, ruling that client did not breach contract and was therefore not required to replace entire water distribution system at state complex. 

• Representation of financially distressed public road contractor and affiliate against suits by bonding company for breach of general indemnity agreement and secured lender for breach of loan agreement, as well as defense of over $5,000,000 in claims on New Jersey Department of Transportation and other public projects by subcontractors and material suppliers in over twenty separately filed actions. Defense of claims included defeat of bonding company’s preliminary injunction application seeking immediate payment by client of several million dollars in collateral pending resolution of claims in suit. 

• Filed summary proceedings seeking discharge of twelve construction lien claims totaling approximately $850,000 filed by a contractors, subcontractors and material suppliers on condominium project in North Bergen, New Jersey.  Obtained Court Orders discharging all construction liens and reimbursing owner for substantially all of its attorneys’ fees and costs. 

• Multi-year defense of claims by bonding company against construction company client for breach of general indemnity agreement.  Representation included defense of underlying payment bond claims made by numerous subcontractors and material suppliers on a multitude of construction projects throughout the New York/New Jersey metropolitan area and negotiation of turnover agreements with bonding company for a number of public projects. 

• Prosecution of multi-million dollar construction claim by lessee of warehouse arising from defects in concrete floor and for professional malpractice of architect, leading to favorable settlement.

• Won arbitration award ruling that a $3.4 million lien claim filed by the concrete supplier on the client’s condominium project was not valid, resulting in complete discharge of the construction lien. 

• Successful defense of supplier of topsoil for use in state owned landfill, involving highly technical issues of whether remediated topsoil met contractual requirement that it constituted natural friable loam. 

• Filed approximately one-half million dollar construction lien claim on behalf of subcontractor who provided services and materials to the new NJ Devils arena at the Prudential Center, resulting in prompt payment of full amount. 

• Won unanimous jury verdict dismissing substantial contract claim by clay supplier to a construction project based on proving the clay was defective. 

• Successful defense of subcontractor who made deal to obtain $900,000 payment directly from owner, defeating tortious interference claim by general contractor. 

• Filed $456,000 construction lien on real estate development on behalf of contractor for unpaid contract balance and then filed complaint to foreclose lien including naming all parties with an interest in  the development, leading to settlement of litigation for $450,000 payment to client in exchange for discharge of construction lien. 

• Obtained settlement after jury trial concluded but prior to return of verdict of case involving six-figure claim of builder against industrial building owner client. Settlement involved complete dismissal of builder’s claim and payment by builder to owner for $90,000 cost of repairs for builder’s defective work with experienced Trial Judge stating on record that Bob’s trial advocacy was the best he had seen.