Profile

Michael S. Simon, a nationally recognized construction attorney, focuses his legal practice on construction law and litigation, and all phases of alternative dispute resolution procedures.  A Fellow in both the American College of Construction Lawyers and American Institute of Constructors, he represents businesses and individuals involved in the construction industry, including specialty manufacturers and suppliers, subcontractors, prime and general contractors, sureties, design professionals, and private and public owners.  Mr. Simon's preferred approach can be characterized as "risk recognition and avoidance".  Although he will utilize every option to resolve disputes amicably, if an acceptable resolution cannot be accomplished, he is prepared to present your position vigorously, be it in mediation, arbitration, or in court. 

A well-known lecturer and prolific writer, Mr. Simon is the author of four construction law books published by McGraw-Hill, Wiley Law, Shepards and Arlyse Enterprises; several newsletters, and numerous articles for trade and professional associations on construction law topics. 

His interest in construction law commenced with his earning a B.S. in Building Sciences from Rensselaer Polytechnic Institute, after which he graduated with honors from the University of Maryland School of Law.  After several years of practice in New York City, he became a principal, vice president and general counsel for a large heavy construction company and its subcontracting subsidiaries.  He is a past co-chair of the Construction and Public Contract Law section of the New Jersey State Bar Association. 

Mr. Simon has been an adjunct professor, visiting faculty member and guest lecturer at more than a dozen universities, including Rutgers, NJIT, Rowan, Villanova, Indiana, Ohio State, the University of Maryland and Rensselaer.  He also has been a featured panelist at numerous conferences, including the Associated General Contractors of America, American Institute of Constructors, Mechanical Contractors Association of America, National Electrical Contractors Association, New Jersey Association of School Administrators, New Jersey Society of Municipal Engineers, Association of Environmental Authorities - NJ, and the New Jersey Subcontractors Association.

Representative Matters

• In addition to his having represented clients in mediation and arbitration, he has served as a neutral arbitrator and mediator in hundreds of construction matters including large complex cases involving a major public university, a high school campus, a private shopping mall development, an urban infrastructure project, a foreign cultural center, and a co-generation facility.
• Involved in both arbitrations and mediations for more than 30 years. Mr. Simon serves on the select construction complex case panel for the American Arbitration Association.

Community Service and Affiliations

• Mr. Simon is a former member of the Board of Trustees of Temple Har Sinai.

Publications

• "Lessen Your Litigation and Increase Your Bottom Line,"  Mercer Business, May 2009
• "The Pros and Cons of Prompt Payment Act," New Jersey Lawyer, June 11, 2007
• "Bidding on Public Construction Contracts," New Jersey Lawyer, October 2002
• "How to Increase the Use and Success of Mediation,"  American Arbitration Association, Punch List  (1996)