2011 Super Lawyers Pro Bono Award
Attorney Profile

Neal M. Eiseman

Neal Eiseman

Goetz Fitzpatrick LLP
One Pennsylvania Plaza
New York, NY 10119

New York

New York (NY)

Contact Contact Neal M. Eiseman
T: 212-695-8100
F: 212-629-4013

Visit: www.goetzfitz.com
Practice Areas: Construction Litigation (70%), Alternative Dispute Resolution (20%), General Litigation (10%)

Construction Litigation

Alternative Dispute Resolution

General Litigation

Profile

Neal M. Eiseman is a noted commercial litigator with 30 years of experience in providing legal services to developers, owners, lenders, design professionals, construction managers, contractors, subcontractors, suppliers and manufacturers in all phases of the construction industry. He is a member of both the American Arbitration Association’s Panel of Commercial Arbitrators and Panel of Mediators and has served on the AAA's Regional Construction Attorney Advisory Counsel.  Mr. Eiseman is an Adjunct Associate Professor at New York University where he teaches Legal Principles and Practices and Negotiation and Dispute Resolution in the Master’s Program in Real Estate and Construction. He is also Co-Chair of the American Bar Association’s Committee on Arbitration and regularly speaks at American Bar Association and New York University seminars on construction-related issues.

This past year, Mr. Eiseman spoke in Miami at the ABA Forum on Construction on "Surety Takeover Agreements" and in Orlando before American Arbitration Association arbitrators on "How to Properly Manage a Construction Arbitration Case."  He has written extensively about construction and commercial issues for law journals in New York and New Jersey, addressing client-related concerns of other attorneys.  Last year, two of his articles appeared in the New York Law Journal.  One discussed mandatory arbitration in construction payment disputes.  The other analyzed a controversial proposed federal legislation prohibiting mandatory arbitration clauses in certain contracts.

A graduate of St. John's University School of Law and The George Washington University, where he earned a B.A. in Journalism and Political Science, Mr. Eiseman is rated AV Preeminent by Martindale-Hubbell and was recognized as "Super Lawyer®" in the field of construction law in 2007 through 2010.  In 2011, he is a "Best Lawyer in America®" in the specialty of construction.

Selected To

New York Super Lawyers 2011 - Metro Edition
New York Super Lawyers 2010 - Metro
New York Super Lawyers 2009 - Metro
New York Super Lawyers 2008 - Metro
New York Super Lawyers 2007 - Metro

About Neal Eiseman

Admitted: 1982, New York

Professional Webpage: www.goetzfitz.com/FirmDetail.aspx?FirmID=22

Honors and Awards:

  • "Super Lawyer" in the field of Construction Law, 2007 through 2011. 
  • "Best Lawyers In America" in the specialty of Construction Law, 2011 and 2012. 

Special Licenses/Certifications:

  • Admitted to the Bar:  New Jersey, 1981; New York, 1982; U.S. District Court:  Southern (1982) and Eastern (1982) Districts of New York; District of New Jersey, 1981; U.S. Court of Appeals, Second Circuit, 1984; U.S. Supreme Court, 1985; Member, American Arbitration Association Panel of Arbitrators and Roster of Mediators.

Bar/Professional Activity:

  • American Bar Association (Committee on Arbitration, Co-Chair; Sections of Litigation and Construction); New York County Lawyers Association; New York State Bar Association; New Jersey State Bar Association.

Pro bono/Community Service:

  • Arbitrator, New York Civil Court, 1987-1991

Scholarly Lectures and Writings:

  • PUBLICATIONS:  "When a Performance Bond Surety Offers to Takeover:  Practical Considerations for the Owner-Obligee and its Lender," American Bar Association Forum on the Construction Industry, September 2010; "Choosing Arbitration in Construction Cases," American Bar Association website for Alternative Dispute Resolution, Summer 2010; "Mandatory Arbitration in Construction Payment Disputes," NEW YORK LAW JOURNAL, April 20, 2010; "Businesses, Consumers at Odds Over Proposed Arbitration Act," NEW YORK LAW JOURNAL, June 5, 2009; "An Arbitrator's Failure to Tell All: Will It Translate into Vacating His or Her Award?", Conflict Management, Winter 2007; "Have You Googled Your Arbitrator? An Arbitrator's Failure to Disclose Potential Conflict Could Vacate Award," NEW JERSEY LAW JOURNAL, November 1, 2004; "The Time May Be Right for an Outright Appeal of the Wick's Law," NEW YORK LAW JOURNAL, April 9, 2003; "Picking the Best Forum to Resolve Disputes--Is Your Construction Client Better Off in Arbitration or Court", The Bergen Bannister, Winter 2001;"A Party's Right to Demand Reasonable Assurance Expanded Beyond UCC," NEW YORK LAW JOURNAL, May 1999; "Do Pay-When-Paid Clauses Violate New York Public Policy?" NEW YORK LAW JOURNAL, October 1995; "Unilateral Arbitration Agreements Are Now Being Enforced," NEW YORK LAW JOURNAL, February 1991. RECENT SPEAKING ENGAGEMENTS:  "The Effective Use of Mediation and Arbitration," Presentation before The New York City Bar Association, New York, New York, December 13, 2011; "Discovery in Construction Arbitration:  When is Enough, Enough?, American Arbitration Association, New York, New York, May 20, 2011; "Understanding New York's Prompt Payment Act," Real Estate Board of New York and the Associated General Contractors, New York, New York, February 15, 2011; "Ethics in Construction," New York University, New York, New York, February 16, 2011; "Not on My Watch: How to Properly Manage a Construction Arbitration Case," 2010 AAA/ICDR Neutrals Conference, Orlando, Florida, November 5-6, 2010; "We're Not Gonna Take It: Drafting a Takeover Agreement That's Acceptable to Lender, Owner, Contractor and Surety," American Bar Association, Forum on the Construction Industry, Miami, Florida, September 2, 2010; "Mediator Ethics: Objective Standards & Subjective Practices," Advanced Mediator Training, American Arbitration Association, November 11, 2009; "Optimizing the Hearing in Arbitration for Your Client," American Arbitration Association Construction Conference, New York City, May 29, 2009 and Los Angeles, November 13, 2009; Moderator, "The Proposed 'Arbitration Fairness Act': The Most Important Pro-Consumer, Employee Legislation in the Last Three Decades or an Unwarranted Attack Upon Arbitration Guaranteed to Increase Costs and Overburden Our Courts?," American Bar Association Litigation Section Annual Conference, Washington D.C., April 17, 2008; "Managing Construction Projects," Lorman Education Seminars, July 12, 2007,October 2, 2007 and October 20, 2010; Panelist, "How Lawyers and Mediators Can Help Each Other Resolve Cases: A Dialogue," ABA Video Conference, January 2006; "Strategic Preparation for Arbitration Hearings: Limited, Focused Discovery and Disclosure?," American Arbitration Association CLE Presentation for Neutral Arbitrators, New York, New York, October 14, 2004 and April 14, 2005; "Playing the Role of the Advocate at Mediation: Seven Quick Tips Worth Considering," American Bar Association Alternative Dispute Resolution & Construction Committees CLE Seminar, Las Vegas, Nevada, November 9-11, 2005; "Construction Law," New York University Summer Institute in Construction Project Management, New York, N.Y., Summers of 2004 through 2010.

Representative Clients:

  • The New York Archdiocese, Dow Roofing Systems, K. Hovnanian Companies, Aurora Contractors, Inc., B.R. Fries & Associates, LLC, Cocoa Partners LP
Map Location

White Papers

"Mandatory Arbitration in Construction Payment Disputes"


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