published opinions

Steven A. Berkowitz argued on behalf of a contractor that was sued by an engineering company for contributory negligence arising out of an Owner’s suit against the engineering company.

Labov Mechanical, Inc. v. East Coast Power, L.L.C. 377 N.J.Super. 240, 872 A.2d 142 (N.J.Super.A.D.,2005)

Steven A. Berkowitz argued as amicus curiae on behalf of a South Jersey Mechanical Contractors Association in opposition to a project owner seeking to unilaterally reduce the amount of the lien fund by applying deductive change orders.

R.C.G. Const. Co., Inc. v. Mayor and Council of Borough of Keyport 175 N.J. 68, 812 A.2d 362 (2003)

Steven A. Berkowitz argued as amicus curiae on behalf of two unions in support of interpreting the Public Works Contractor Registration Act to require subcontractors that are listed in public bids to be registered in accordance with the act. Although the Supreme court did not interpret the legislation favorably, a bill is currently pending which will support our position.

Foundation For Fair Contracting, Ltd. v. G & M Eastern Contracting & Double E, LLC 259 F.Supp.2d 329 (D.N.J.,2003)

Steven A. Berkowitz agued on behalf of an organization bringing a qui tam actions under the False Claims Act against public contractor that had entered into contract with New Jersey housing authority, alleging violation of Davis-Bacon Act from submission of false wage certifications wherein workers were misclassified and paid less than the prevailing wage.

Troise v. Extel Communications, Inc. 174 N.J. 375, 808 A.2d 96 (2002)

Steven A. Berkowitz argued as amicus curiae on behalf of the ten unions that make up the Pipetrades of New Jersey, in support of a 6 year statute of limitations for a worker that was not paid the prevailing wage on a publicly funded project.

A-Valey Engineers, Inc. v. Board of Chosen Freeholders of County of Camden 106 F.Supp.2d 711 (D.N.J.,2000)

Steven A. Berkowitz argued on behalf of two contractors against disappointed bidder for contract to furnish and install air conditioning unit in county building who sued county, its purchasing agent, successful bidder and manufacturer of unit, alleging violations of Racketeer Influenced and Corrupt Organizations Act (RICO) and tortious interference with business relations.

Livingston v. Shore Slurry Seal, Inc. 98 F.Supp.2d 594 (D.N.J.,2000)

Steven A. Berkowitz argued on behalf of four employees who sued employers, claiming failure to pay prevailing wages on public contracts, as required under Davis-Bacon law and similar state provisions.