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Michael S. Simon

Michael S. Simon, a nationally recognized construction attorney, focuses his legal practice on construction law and claims, 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, but if an acceptable resolution cannot be accomplished, he shall 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, University of Florida, Ohio State, 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 Society of Municipal Engineers, Association of Environmental Authorities–NJ and the New Jersey Subcontractors Association. 

Representative Matters

Alternative Dispute Resolutions - Neutral

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 New Jersey public university, a Pennsylvania high school campus, a New Jersey private shopping mall development, an urban infrastructure project in Puerto Rico, a foreign cultural center in New York City, and a New York 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. 

On Behalf of Clients

  • Successfully defended contractor of a multi-unit project against an arbitration claim filed by speculative developer for delays and loss of value in units of approximately $2 million
  • Defended a steel supplier against a delay claim by a steel subcontractor, at the same time negotiated terms for payment of contract monies to client, with security
  • Mediated various disputes on behalf of multiple construction clients, of all tiers, in lieu of having to proceed through extensive litigation and arbitration
  • Drafted, negotiated, and finalized various construction/design contracts on behalf of construction clients, be they suppliers, subcontractors, contractors, or owners, so that all parties understood their rights and obligations and were better able to reach successful conclusions and avoid disputes

Honors & Awards

  • Rated AV® Preeminent™ by Martindale-Hubbell
  • Named a New Jersey "Super Lawyer," 2005 – 2014, by Thomson Reuters, publishers of New Jersey Super Lawyers magazine
  • International Who’s Who of Construction Lawyers, 2005 - 2013
  • Named an Awesome Attorney, Construction Law, South Jersey Magazine, 2013
  • Top Attorney List, SJ Magazine, 2010 - 2013
  • Leading Lawyer in Construction Law - North America, Lawyers World Magazine, 2012

Professional Affiliations

  • American College of Construction Lawyers
    • Fellow and former Board of Trustees
  • The Justice Marie L. Garibaldi American Inn of Court for ADR
    • Charter Member
    • Master
  • American Arbitration Association
  • American Bar Association
    • Member, Public Contracts and Dispute Resolution Sections
    • Member, Forum Committee on the Construction Industry
  • American Council for Construction Education
  • American Institute of Constructors
    • Fellow and former member of Board of Directors
  • Associated General Contractors of America
  • Utility and Transportation Contractors Association 
  • New Jersey State Bar Association
  • New York State Bar Association

Community Activities

  • Temple Har Sinai
    • Former member, Board of Trustees

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Education

  • University of Maryland School of Law, J.D., with honors, 1965
    • National Moot Court, First Chair
    • Law Review
  • Rensselaer Polytechnic Institute, B.S., Building Sciences, School of Architecture, 1963