May 11, 2012
Norris McLaughlin & Marcus, P.A.
721 Route 202-206, Suite 200
P.O. Box 5933
Bridgewater, NJ 08807-5933
Contact: Edward C. Miller, Jr.
Chief Marketing Officer
(908) 722-0700 x4224
Frank Araps Moderate Session at NJSBA Annual Meeting and Convention
BBridgewater, NJ (May 11, 2012) – Frank T. Araps, a Member of the Bridgewater-based law firm of Norris McLaughlin & Marcus, P.A., will moderate a session hosted by the Construction and Public Contract Law Section of the New Jersey State Bar Association (NJSBA) at the NJSBA Annual Meeting and Convention, which will be held Wednesday, May 16, to Friday, May 18, 2012, at the Borgata Hotel Casino & Spa in Atlantic City. Araps organized the session with Matthew H. Sontz, also an attorney with the firm, who assisted with legal research and other preparation.
On May 18, from 10:00 to 11:40 a.m., Araps will lead the discussion for “Challenging Expert Testimony in Support of Construction Delay and Loss of Productivity Claims.” The program will cover who is the AACEi, what is AACEi RP 29-03, and how does it impact expert forensic scheduling testimony in construction delay, disruption and loss of efficiency claims. Construction scheduling experts, Evans Barba, P.E. and Fredric Plotnick, Esq., Ph.D., P.E., will present and offer challenges to several disruption and delay claim proof approaches previously deemed acceptable by the courts. The attorney panelist will also discuss the function of the courts, as gatekeeper, in terms of the different standards under the New Jersey State and Federal Rules of Evidence for admissibility of expert testimony. Commentary will be presented regarding the Frye doctrine, which New Jersey Rules of Evidence 702 and 703 follow, versus the Daubert doctrine, which the Federal Rules of Evidence 702 and 703 follow. For more information or to register, visit www.njsba.com.
A resident of Belle Mead, Araps concentrates his practice in engineering and construction law, project risk allocation and management, contract preparation and development, and the negotiation, litigation, arbitration and mediation of construction, corporate and commercial disputes and claims. Araps also is the developer and an owner of Omega Diner and Café in New Brunswick. He represents diner restaurant owners in business, bulk cooperative purchasing, and dispute resolution.
Araps has extensive experience in the analysis, negotiation, arbitration and litigation of disputes involving complex engineering and construction projects. He has represented public and private owners, architects and engineers, contractors, suppliers, and professional errors and omissions carriers before state and federal courts, federal boards of contract appeals, and the U.S. Court of Federal Claims. Araps has represented construction industry participants involved in projects related to marine structures, waterways, coastal engineering, hotels and casinos, high-rise condominiums, schools, utility projects, heavy and highway construction, bridge projects, airports, hospital and medical centers, urban downtown redevelopment, and residential subdivision, multi-family and luxury dwelling units. He has litigated and arbitrated hundreds of trial and hearing days defending and recovering millions of dollars for public and private owners, contractors, suppliers, architects and engineers.
Araps served as consultant, assistant corporate counsel and sales coordinator for one of the leading construction management and consulting firms in the U.S., where he participated in the development of a comprehensive claims and risk management program for a public sewerage authority engaged in the construction of over 125 integrated projects, and the analysis, management and settlement of hotel/casino construction claims.
Araps has promoted, developed, negotiated and drafted leases, financing, construction and procurement contracts and documents for the commercial restaurant, food service and diner industry. He has also advised and represented these businesses in many shareholder and partnership disputes. Araps organized and represented as general counsel a prototype buyers food service cooperative corporation comprised of more than 700 New Jersey diner and restaurant members. Presently, he is representing a new cost-plus purchasing group composed of diners and restaurants located in New Jersey, New York and Pennsylvania, who are collectively buying direct from the manufacturer on a cost plus basis through a dedicated warehousing distribution partner.
Araps has researched, written, lectured and presented seminars to business and construction professionals on construction law and claims management across the country and throughout New Jersey. He has also devoted many years of pro-bono service to non-profit charitable organizations.
Araps earned his J.D. in 1977 from Rutgers School of Law – Newark and his B.S., cum laude, Civil and Environmental Engineering, in 1974 from Rutgers University College of Engineering. He is a member of the American and New Jersey State Bar Associations, the American Society of Civil Engineers, the National Society of Professional Engineers, and the New Jersey Restaurant Association. He is also an associate member of the Board of Trustees of the Raritan Valley Community College and a trustee of the Hellenic American Bar Association of New Jersey.