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About me

For more than three decades, commercial litigator Neal Eiseman has provided legal counsel to a wide variety of corporate clients in the construction and real estate industries. Representing real estate developers, lenders, owners, construction managers, contractors, sureties, manufacturers and design professionals, he advises clients in both the transactional and litigation aspects of commercial and real estate law.


 


Neal’s commitment to his practice extends beyond the courtroom. He represents clients in arbitration proceedings and also serves as a neutral on the Panel of Construction Arbitrators of the American Arbitration Association (“AAA”), including its Construction Arbitration Master Panel. He also serves on the Panel of Arbitrators for the International Centre for Dispute Resolution. He has served as an arbitrator for New York City’s Civil Court and founded the Bergen County Bar Association’s Construction Law Committee.


 


Neal represents clients in all types of commercial mediations. He is a member of both the AAA’s Construction Master Mediator Panel and the Panel of Mediators of the International Centre for Dispute Resolution. Twice last year and again this year, Neal will be teaching at an intensive five-day AAA mediator training program entitled “Essential Mediation Skills for the New Mediator.”


 


As an Adjunct Professor at New York University, he teaches masters courses in construction and real estate law and negotiation and dispute resolution. This past year, he received NYU’s School of Professional Studies “Award for Outstanding Service.” He is a regular guest speaker at events held by the American Bar Association (“ABA”), the AAA and various construction trade associations. In the recent past, Neal (i) appeared before more than 200 New York City School Construction Authority project managers and spoke about dispute resolution; (ii) spoke as part of a national AAA webinar on “The Overuse of Discovery in Arbitration Proceedings”; (iii) lectured about project delay and scheduling at the ABA’s New York Regional Program entitled “The Fundamentals of Construction Law”; and (iv) participated on a panel of experts on “New York’s Prompt Payment Act: An Underutilized Tool for Getting your Client Paid” at New York County Lawyer’s Association. Last spring, Neal spoke at the ABA’s Annual Litigation Conference in New Orleans about “Best Practices to Maximize the Benefits of Your Next Arbitration.” He also recorded a “Sound Advice” segment for the ABA’s national website.


 


Neal writes extensively about construction and commercial issues for various legal publications. In 2015, the Harvard Negotiation Law Review published his article, “Stiffing the Arbitrators: The Problem of Nonpayment in Commercial Arbitration.” In 2013, Neal co-authored an article entitled “A Tale of Two Lawyers: How Arbitrators and Advocates Can Avoid the Dangerous Convergence of Arbitration and Litigation” for Cardozo Law School’s Journal of Conflict Resolution. His opinion piece, titled “Who Will Step Up to Protect Policyholders?”, appeared in the April 19, 2012 edition of the New York Law Journal.


 


Neal recently obtained a $1 million-plus arbitration award, which included attorney’s fees, against the sponsor of a Manhattan condominium project on behalf of various unit owners who claimed the fair market value of their apartments had been reduced by virtue of the sponsor’s actions. Neal also obtained a unanimous reversal of an adverse decision of a New York federal trial court when the Second Circuit Court of Appeals held that a “Residential Exclusion” rider in a comprehensive general liability insurance policy does not permit a contractor’s insurance company to disclaim coverage because the project in question involves the construction of a residential condominium project.


 


A member of the American and New York and New Jersey state bar associations, the New York County Lawyers’ Association and ABA Sections in Construction and Litigation, Neal is currently Chair of the ABA’s Committee on Arbitration. He is also a member of the New York University Schack Institute of Real Estate/Construction Management Advisory Board, a Member of the AAA’s Arbitrator National Advisory Committee and a Fellow in the College of Commercial Arbitrators.


 


 Neal’s expertise has been widely recognized by publications and fellow attorneys. He is a peer-selected “Best Lawyer in America®,” rated AV Preeminent by Martindale-Hubbell; recognized as a “Super Lawyer®” in construction; and listed by “Who’s Who Legal” as “one of the world’s leading practitioners” in construction. Neal was also named one of Bergen County, New Jersey’s “Top Lawyers” in (201) Magazine. Chambers USA has referred to Neal as “very intelligent” and “a breath of fresh air,” praising him for his ability to “bring to the table a pragmatic approach.” This year, Chambers noted that Neal “is the consummate professional, understanding the details and getting to the bottom of things very quickly.”

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Practice areas

Licensed

  1. Construction: 30%
  2. Litigation: 30%
  3. Real Estate: 20%
  4. Commercial Real Estate: 20%

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Contact info

Goetz Fitzpatrick LLP

One Penn Plaza

New York, NY, 10119

Resume

License
StateStatusAcquiredUpdated
NYCurrently registered 198203/13/2015
NJActive198109/10/2015
We have not found any instances of professional misconduct for this lawyer.
Avvo contributions
Legal answers
Awards
Award nameGrantorDate granted
Best Lawyers, ConstructionBest Lawyers in America2015
Best Lawyer, ConstructionBest Lawyers in America2014
Best Lawyer, ConstructionBest Lawyer2013
Best Lawyer, ConstructionBest Lawyers in America2012
Bergen Top Lawyers(201) Magazine2012
Best Lawyer, ConstructionBest Lawyers in America2011
New York Metro Area: ConstructionNew York Super Lawyers2011
New York Metro Area: ConstructionNew York Super Lawyers2010
New York Metro Area: ConstructionNew York Super Lawyers2009
New York Metro Area: ConstructionNew York Super Lawyers2008
New York Metro Area: ConstructionNew York Super Lawyers2007
"One of the World's Leading Practitioners" in ConstructionWho's Who LegalN/A
AV Preeminent RatingMartindale-HubbellN/A
Work experience
TitleCompany nameDuration
Adjunct Professor, Masters Program, Real Estate & ConstructionNew York University1990 - Present
Associations
Association namePosition nameDuration
American Arbitration AssociationConstruction Master Mediator Panel2015 - Present
American Arbitration AssociationMember, Arbitrator National Advisory Committee2015 - Present
College of Commercial ArbitratorsFellow2013 - Present
American Bar AssociationChair, Committee on Arbitration2007 - Present
New York State Bar AssociationMemberN/A
New York County Lawyers' AssociationMemberN/A
American Arbitration AssociationArbitration Master PanelN/A
American Arbitration AssociationPanel of ArbitratorsN/A
American Arbitration AssociationPanel of MediatorsN/A
Publications
Publication nameTitleDate
Harvard Negotiation Law Review"Stiffing the Arbitrators: The Problem of Nonpayment in Commercial Arbitration"2015
New York Law Journal"Falling Through the Cracks: The Problem of the Non-Paying Party in Arbitration"2014
Cardozo Journal of Conflict Resolution"A Tale of Two Lawyers: How Arbitrators and Advocates Can Avoid the Dangerous Convergence of Arbitration and Litigation"2013
New York Law JournalWho Will Step Up to Protect Policyholders?2012
New York Law JournalMandatory Arbitration in Construction Payment Disputes2010
New York Law JournalBusinesses, Consumers at Odds Over Proposed Arbitration Act2009
Conflict ManagementAn Arbitrator's Failure to Tell All: Will It Translate Into Vacating His or Her Award2007
New Jersey Law JournalHave You Googled Your Arbitrator?2004
New York Law JournalThe Time May Be Right for an Outright Repeal of the Wick's Law2003
Education
School nameMajorDegreeGraduated
St John's University School of LawN/AN/AN/A
George Washington UniversityJournalismBA - Bachelor of ArtsN/A
George Washington UniversityPolitical ScienceBA - Bachelor of ArtsN/A
Speaking engagements
Conference nameTitleDate
NYC School Construction Authority"Construction Dispute Resolution: A Blueprint for an Effective Process"2015
American Arbitration Association (ACE012)eDiscovery: Arbitration in a Digital World2015
ABA Section of Litigation Annual Conference“A Litigator’s Guide to Arbitration: Best Practices to Maximize the Benefits of Your Next Arbitration”2015
New Jersey Construction Litigation Conference"Arbitration/Mediation Update"2014
AAA/ABA-DR's Mediation Week 2014"Stories Mediators Tell: The Good, The Bad, The Ideal!"2014
AAA Webinar"Enough Already! Striking the Right Balance of Discovery in Arbitration"2014
NYCLA CLENew York's Prompt Payment Act2013
American Bar Association, Forum on the Construction IndustryThe Fundamentals of Construction Law2013
Real Estate Master Class Series"Construction Law"2012
AAA 2012 Construction ConferenceDiscovery in Construction Arbitration: When Is Enough, Enough?2012
Panel DiscussionNew York's Prompt Payment Act2011
Ethics in the Construction IndustryEthics in the Construction Industry2011
Neutrals ConferenceNot On My Watch: How to Properly Manage a Construction Arbitration Case2010
Forum on the Construction IndustryWe're Not Gonna Take It: Drafting a Takeover Agreement That's Acceptable to Lender, Owner, Contractor and Surety2010
-Managing Construction Projects2010
Advanced Mediator TrainingMediator Ethics: Objective Standards & Subjective Practices2009
AAA Construction ConferenceOptimizing the Hearing in Arbitration for Your Client2009
Litigation Section Annual ConferenceThe Proposed 'Arbitrator 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?2008
Video conferenceHow Lawyers and Mediators Can Help Each Other Resolve Cases: A Dialogue2007
Presentation for Neutral ArbitratorsStrategic Preparation for Arbitration Hearings: Limited, Focused Discovery and Disclosure?2005