John E. Clark

JOHN E. CLARK is the founding and managing member of the Firm, establishing the firm in November 2010. Mr. Clark concentrates his practice in the areas of construction law & litigation, business law, and business litigation and dispute resolution, and provides counseling and advice to businesses and individuals concerning a wide range of business ventures, transactions, and disputes. He is admitted to practice in the state and federal courts in New York and New Jersey.

Prior to founding the Firm, Mr. Clark was most recently a Member of Epstein Becker & Green, a 400 lawyer national law firm headquartered in New York, where he led the construction law practice in New York, New Jersey, and the Northeast. Prior to EBG, Mr. Clark was for two years the Vice President & Chief Counsel of New Jersey Schools Development Authority, brought in as part of the agency reforms instituted by the then-newly elected Governor Jon S. Corzine. Prior to his stint at NJSDA, Mr. Clark practiced law at Lowenstein Sandler PC.

In his construction law practice, Mr. Clark represents real estate owners, developers, and construction firms throughout all phases of the development and construction process. Mr. Clark:

• Counsels clients on project delivery and contract formation, and drafts and negotiates contracts for design, construction, supervision, and consulting services.
• Advises clients on dispute and delay avoidance, risk assessment and management, claims minimization during the construction process, and default termination, surety matters, and project settlements and close-out.
• Represents owners, developers, contractors, design professionals, and consultants regarding design and construction claims and disputes in ADR proceedings, and, when necessary, in litigation in state and federal courts.
• Represents owners and contractors in construction defect disputes and litigation.
• Represents owners and contractors in informal dispute resolution including negotiations and mediation.

He has advised private, institutional and public real estate owners and contractors and throughout the United States on the development and renovation of a wide range of facilities, including hospitals and health care, hotels, commercial office, industrial and factory, luxury retail, shopping centers, food service, restaurant, residential, condominium and cooperative apartment buildings, athletic, laboratory and scientific, and K-12 public and private schools, and colleges and universities. He has advised clients on the design and construction of more than $15 billion in new and renovation construction throughout his twenty-four year career.

Among his recent matters, Mr. Clark has advised clients concerning the development and design and construction of:

• A national flagship retail store on Fifth Avenue for a premier fashion designer and luxury retailer
• One World Observatory at the new World Trade Center
• Numerous projects at Hudson Yards 
• US corporate headquarters and retail store for a national fashion retailer 
• A $50 million restaurant in Times Square
• Luxury co-op conversions in Tribeca and on the Upper West Side
• Major redevelopment of formerly industrial buildings in DUMBO Heights, Brooklyn

At NJSDA, Mr. Clark directed legal matters related to NJSDA’s multi-billion dollar development portfolio, including land acquisition, environmental remediation, design, construction, and dispute resolution. He also developed and directed a claims resolution process of analysis, stepped negotiation, and mediation, resulting in the favorable settlement of more than $40 million in claims within the span of fifteen months. Just prior to his departure from NJSDA, Mr. Clark represented the Authority in a mediation that resulted in the NJSDA obtaining a settlement against a contractor and architect for $6.5 million for their part in the defective design and construction of an elementary school that caused mold contamination in the partially constructed building.

In his litigation practice, Mr. Clark has also successfully handled a wide variety of business disputes in state and federal courts in Massachusetts, California, Florida, Nevada, Louisiana, Virginia, and Illinois involving a broad range of issues, such as securities, trade secrets, public contracts, credit instruments, shareholder rights, and international intellectual property rights for individual, corporate and institutional clients.

Prior to practicing law, Mr. Clark was involved in various businesses, including managing a specialty contracting firm in New York, and other ventures including restaurants and specialty food marketing. He began his career in the construction industry as a project manager for a New York City developer.

Mr. Clark frequently lectures on construction law topics and has been an adjunct professor of philosophy at his alma mater, Rutgers University. He is a Fellow of the Construction Lawyers Society of America.