Michael McKenna

Practice Areas

Construction

Career

With more than 40 years of construction litigation experience, Mike has been involved in some of the largest construction projects in the United States. He has participated in well over 200 trials, mediations, and arbitrations across the country and internationally, representing contractors, engineers, architects, owners, and subcontractors. Mike has particular experience in matters involving the construction of tunnels, subways, bridges, airports, sewers, foundations, marine, sub-aqueous, and other heavy construction.

Mike is a prominent figure in the construction industry and is involved in several industry and legal organizations. He serves as general counsel to the Construction Industry Advancement Program of New Jersey (CIAP), a multi-faceted industry organization representing contractors, owners, engineers, and labor. Mike is one of only a few attorneys to be named a member of the Moles, a prestigious national organization devoted to heavy and underground construction. He was inducted as a member of the organization in 2006 and was appointed a Trustee and Program Chairman in 2017. Mike also helped to establish the Moles Charitable Foundation, Inc. and was one of the initial Board Members and General Counsel of the Foundation. In addition, he is a founding board member and former president of the AGC of New Jersey Scholarship Foundation, which gives scholarships to deserving students.

Throughout his career, Mike has authored various major legislation, including changes to the “One-Call” system and the New Jersey Public Utilities Relocation Act. He has also drafted amendments to the New Jersey Contractual Liability Act to provide for interest and later, for Equitable Adjustments and testified before the New Jersey Assembly regarding the same issue.

Mike is a thought leader in the construction industry and is a frequent speaker and author on various topics. He has been a guest lecturer at Harvard Law School, Rutgers Law School, Stevens Institute of Technology, Pace University School of Law, and Manhattan College on legal and construction law issues. In 2012, 2013, 2015, 2018, and again in 2020, Mike was chosen as one of 12 attorneys from across the United States to be a Faculty Teacher for the ABA Forum Committee on Construction Law – Construction Industry Trial Academy.

Before earning his law degree, Mike worked in the construction industry for a number of years as a project manager and design engineer. He also owned a private residential construction company.

Professional Memberships

American Bar Association (ABA) – Forum on Construction Law

Associated Construction Contractors of New Jersey (ACCNJ)

Construction Industry Advancement Program of New Jersey

General Contractors Association of New York (GCANY)

The Moles

New Jersey Alliance for Action

New Jersey Professional Engineers in Construction (PECNJ)

Utility and Transportation Contractors Association of New Jersey (UTCA)

Personal

What is the best advice you’ve ever received?

Everything comes to those who wait – as long as they work their butt off while waiting.

What would you do if you weren’t a lawyer?

Construction executive, without a doubt.

What is your favorite volunteer/charity activity?

Raising funds for Eva’s Kitchen, Oasis, and the Madeline Fiadini LoRe Foundation for Cancer Prevention (Breast Cancer).

What is your favorite movie/TV character/legal show?

Favorite Movie: Shawshank Redemption, TV Character: None, Legal Show: None, are you kidding?

Expert in these Jurisdictions

New Jersey

New York

Florida

Experience

Secured a $3 million settlement for our client on a construction project for the Pennsylvania Department of Transportation (PennDOT). Prepared the Request for Equitable Adjustment and worked with client through administrative process leading to settlement.

Secured a $4.9 million jury verdict for our client from the Superior Court of New Jersey, Morris County. At issue in the five-week trial were construction defects and professional negligence by the contractor defendant as to the building of our client’s tennis center. The center suffered a collapsed portion of its structure and was followed by a temporary closure of the center and its programs. The verdict compensated our client for the structural repair of the collapsed portion of the tennis center, to retrofit the building and bring it up to code and to compensate for past and future business loss.

Secured an award of more than $8.5 million in damages for a client in the largest ever verdict against the New Jersey Department of Transportation (NJDOT). The trial judge’s decision reinforced a contractor’s right to equitable adjustment and to receive pre-judgment interest. The trial judge also found that NJDOT had breached the implied covenant of good faith and fair dealing and that NJDOT was not allowed to assert a “no damage for delay” provision.

Results may vary depending on your particular facts and legal circumstances.

Education