Craig H. Parker is a Member of the Sills Cummis Construction and Energy Law Practice, where he provides strategic legal and business counsel to local and national construction contractors, developers, surety companies, and commercial clients. He is involved in all facets of the construction process from pre-bid to project close-out to the prosecution and defense of claims in state and federal courts and arbitration tribunals.

In addition to construction claims, Mr. Parker drafts, reviews, and negotiates construction contracts and financing, indemnity, and security agreements. He also works with architects, engineers, and design professionals to ensure compliance with state and local regulations and manage potential claims.

Contractors, subcontractors, and design-build professionals often face problems, including construction defects, payment resolution, the propriety of back charges, public bid protests, insurance coverage, surety bond claims, and lien rights. Should legal issues arise, Mr. Parker devises cost-effective and creative litigation strategies using the alternative dispute resolution process, when applicable, as a way to avoid prolonged proceedings.

Surety and insurance companies can play key roles in the construction process and similarly face potential liabilities. Mr. Parker advises surety companies on project takeover and close-out, various claims, reinsurance, bankruptcy, and government contracting matters. He also works with local counsel in jurisdictions throughout the United States in bond claims handling and litigation.

Mr. Parker’s considerable understanding of construction law equipped him to serve as counsel to a member of the New Jersey Law Revision Commission, which updated the State’s Construction Lien Law in 2009, and as a liaison to the American Institute of Architects Documents Committee that reviewed AIA Design/Construction documents.

Practices

  • Construction and Energy Law
  • Litigation

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Representative Matters

    • Represented the Port Authority of New York and New Jersey in an Article 78 proceeding in the Supreme Court of the State of New York, wherein petitioner’s challenge to the award of over $950 million in public works contracts was successfully defeated at the hearing and confirmed on appeal.
    • Represented New Jersey’s leading natural-gas distributor in the negotiation and drafting of a comprehensive $220 million EPC agreement for a major upgrade to its gas-processing and storage facility. The engagement includes structuring detailed engineering, procurement, construction, commissioning and performance-guarantee obligations, negotiating risk allocation for geotechnical and subsurface uncertainties, integrating complex milestone-payment, testing and liquidated-damages frameworks, and ensuring full alignment between technical specifications and commercial terms.
    • Represented an international power-infrastructure manufacturer in connection with more than $30 million in pending claims arising out of an EPC agreement involving a high-voltage underground transmission-cable relocation project, including disputes over unforeseen subsurface conditions, conduit and cable installation requirements, and owner-directed scope changes. The engagement includes prosecuting significant change-order entitlements and defending against defect allegations.
    • Represented a national insurance and surety provider in a complex dual investigation by the United States and New Jersey Attorneys General arising from a qui tam action asserting wide-ranging violations of the federal and state False Claims Acts, federal banking and financial-institution enforcement statutes, and New Jersey’s unclaimed-property laws. The matter involved overlapping federal and state investigative frameworks, extensive document and compliance analysis, and coordination with multiple enforcement agencies, and was successfully resolved prior to government intervention in the action.
    • Represented an international clean-energy developer that designs, manufactures and installs stationary hydrogen-fuel-cell systems in a trust-fund misappropriation action in the Supreme Court of the State of New York under Article 3-A of the New York Lien Law, involving alleged diversion of statutory trust assets on a major clean-energy project in New York City. The matter resulted in a multi-million-dollar settlement payment to the client and the client’s retention of fuel-cell units under the governing contracts.
    • Successfully defended a general contractor in a $30 million public bid challenge and achieved a favorable ruling in Thomas P. Carney, Inc. v. Franklin Township Bd. of Ed., 365 N.J. Super. 509 (Law Div. 2003).
    • Drafted a NJ Supreme Court brief that defined a contractor’s obligations under the NJ Construction Lien Law to apply funds paid to specific projects in Craft v. Stevenson Lumber, 179 N.J. 56 (2004).
    • Drafted an appellate brief, awarding damages to a public multi-national modular builder against a municipality that tried to avoid contractual obligations in Williams Scotsman, Inc. v. Garfield Board of Education, 379 N.J. Super. 51 (App. Div. 2005).
    • Mitigated a surety’s loss due to the incompletion of 15 federal military construction projects by surety’s bonded contractor throughout the United States and Puerto Rico and by managing the completion of $40 million in work and resolving $20+ million in vendor claims.
    • Represented a general contractor in the contract negotiation for a $15 million conversion of a former supermarket into a climate controlled self-storage facility.
    • Successfully defended a general contractor against a $6 million claim on appeal by a subcontractor following the granting of a Motion to Dismiss. Five Star Electric Corp. v. Silverite Construction Co., Inc., 220 A.D.3d 508, 198 N.Y.S.3d 304, 2023 NY Slip Op 05224 (1st Dept 2023).

Court Admissions

  • U.S. District Court, District of New Jersey
  • U.S. Court of Appeals, Federal Circuit

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Rankings and Recognition

  • Selected for inclusion in:
  • New Jersey Super Lawyers®* 2013-2014, 2018-2019, Construction Litigation: Business and Government Contracts; Surety

* See Award Methodology. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

Affiliations

  • Professional Affiliations
  • Member, Associated Construction Contractors of New Jersey (ACCNJ)

  • Member, Utility & Transportation Contractors Association (UTCA)

  • Fellow, Construction Lawyers Society of America

  • Member, American Bar Association

    Member, Public Contract Law Section (Construction Division)

    – Member, Tort Trial and Insurance Practice Section
          ·   Member, Fidelity & Surety Law Committee

  • Member, New Jersey State Bar Association

    Member, Construction and Public Contract Law Committee

    Member, Fidelity and Surety Law Committee

  • Member, New York State Bar Association

  • Community Affiliation
  • Counsel and Past President, Temple B’nai Jeshurun, Short Hills, NJ


Education

  • J.D., Seton Hall University School of Law
  • M.B.A., Seton Hall University
  • B.A., Boston University

Bar Admissions

  • New Jersey
  • New York