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EDWARD M. CALLAHAN, JR., is a partner in the Roseland,
New Jersey, law firm of Clancy, Callahan & Smith located at 103
Eisenhower Parkway, Roseland, New Jersey. His practice areas include
commercial litigation, business law, construction law, environmental
litigation, labor law, estate planning and administration, taxation,
pension and profit-sharing, municipal law and zoning law.
He has been a member of the New Jersey Bar since 1965 and is
admitted to practice in the United States District Court, the United
States Tax Court, and the Third Circuit Court of Appeals. In
addition to appearances before the various courts to which he is
admitted, he has practiced before various State and Federal
agencies, including the National Labor Relations Board, the Equal
Employment Opportunity Commission (E.E.O.C.), the New Jersey
Division of Taxation, the New Jersey Department of Labor, the New
Jersey Department of Transportation, the Administrative Law Courts
of the State of New Jersey, the New Jersey Civil Rights Division,
the New Jersey Department of Building and Construction and the New
Jersey Electrical Licensing Board. He has extensive experience in
complex arbitration and mediation before the American Arbitration
Association.
He has served as counsel to the Northern New Jersey Chapter, Inc. of
the National Electrical Contractors Association for over 30 years.
The major emphasis of his private law practice involves
representation of contractors, subcontractors, suppliers, design
professionals, Taft-Hartley Funds and owners with respect to issues
involving the construction industry including contract litigation,
construction claims, labor law and related construction industry
matters. He is a member of the New Jersey State Bar Association
Public Law and Construction Committee. He served as a consultant to
the Coalition formed by the construction industry in New Jersey for
reform of the New Jersey Mechanics Lien Law resulting in the
enactment of the New Jersey Construction Lien Law and was one of the
principal authors of that legislation. As a result of his efforts,
he received awards from the Northern New Jersey Chapter, Inc. of the
National Electrical Contractors Association, and the New Jersey
Subcontractors Association, Inc.
He is the present author of the chapter on New Jersey Lien Law in
the current edition of "Fifty State Construction Lien and Bond Law"
published by John Wiley & Sons, Inc. He is the editor of the chapter
covering the Construction Lien Law in the present edition of New
Jersey Practice and Procedure published by the West Publishing
Company. He is the co-author of "New Jersey's New Construction Lien
Law, A Practical Guide With New Forms" describing practice and
procedures under the New Jersey Construction Lien Law which was
published by the Construction Congress for the New Jersey
Construction Industry. He has written articles for the New Jersey
Law Journal involving the interface between the Construction Lien
Law and the Federal Bankruptcy Act. He has been a guest lecturer at
various seminars throughout the State of New Jersey regarding the
Construction Lien Law including the Institute for Continuing Legal
Education of the New Jersey Bar Association. In addition he has
conducted seminars on various areas of construction law including
construction claims, delay claims, public bidding procedures,
obligations of trustees in Taft-Hartley Funds and collection
practices for contractors. He has appeared on numerous occasions
before the Legislature of the State of New Jersey concerning various
issues involving the construction industry.
He is general counsel to one of the largest industrial brokerage
firms in New Jersey and has been involved in litigation regarding
significant real estate brokerage issues.
Among the reported cases in which he has participated as counsel is
U.S. v. United Association of Journeymen and Apprentices, 364 F.Supp.
808 (D.C.N.J. 1973), a major civil rights case involving the hiring
of minorities within the electrical construction industry; W.V.
Pangborne v. New Jersey Department of Transportion, 116 N.J. 543
(1989), a New Jersey Supreme Court case where the Court held in
favor of an electrical contractor in establishing the Department of
Transportation’s failure in promulgation of Rules and Regulations
under the Contractual Liability Act to deal expressly and clearly
with the effect of administrative review of disputed claims on the
Statute of Limitations; O’Neill Electric Co., Inc. v. County of
Warren, 297 N.J. Super. 473 (App.Div. 1997) which involved an
unsuccessful attack by the electrical construction industry against
a process adopted by County Clerks to preclude potential bidders
from determining who had picked up copies of plans and
specifications in order to submit subcontractor bids; The Thomas
Group v. Wharton Senior Citizens Housing, 163 N.J. 507 (2000) and
Craft v. Stevenson Lumber Yard, 179 N.J. 56 (2004), appearing before
the Supreme Court of New Jersey on behalf of the electrical
construction industry as amicus curiae for purposes of
interpretation of issues under the New Jersey Construction Lien Law;
Schoonover Electric Co., Inc. v. Enron Corp. and Garden State Paper
Company, LLC, United States Bankruptcy Court, Southern District of
New York, Chapter 11 Case Nos. 01-16034 (AJG) and 01-16280 (AJG),
Adversary Proceeding No. 02-02140 (AJG), in which the Court
discussed the interface between the New Jersey Construction Lien Law
and the perfection of Lien Doctrine under the United States
Bankruptcy Act; Stuerze v. State, Division of Pensions, 293 A.2d 222
(App. Div. 1972) involving the rights of a spouse to pension
benefits in the State of New Jersey; Joyce v. McCrane, 320 F.Supp.
1284 (D.C.N.J. 1970) involving contractor rights in dealing with the
State of New Jersey and the impact of Affirmative Action Programs;
Clyde M. Lattimer v. Twp. of Monroe, 370 N.J. Super. 130 (App. Div.
2004) dealing with the necessity of pre-bid quotes from sole named
sub under the Anti-Bid Shopping Statute; Labov Mechanical, Inc. v.
East Coast Power, L.L.C., 377 N.J. Super. 240 (App. Div. 2005),
issue of owners’ rights to reduce Construction Lien Fund by
contractual liquidated damages.
He served as Chairman of the Essex County Bar Association Committee
on Labor Law. He was appointed by the Supreme Court of New Jersey as
a member of the District V-C Ethics Committee and became Chairman of
that Committee in 1996. He has been appointed by the Supreme Court
of New Jersey as a Special Master to hear specific complex ethics
cases assigned by that Court. He has also served as the New Jersey
State Bar Association representative on the New Jersey Supreme Court
Committee on the Rules of Evidence for 4 years.
He served as Chairman of the Township of Glen Ridge Borough Planning
Board for over 15 years, as a Councilman (Chairman of the Finance
Committee) for two years and as Mayor of the Township of Glen Ridge
Borough for two consecutive four year terms. During his tenure as
Mayor, he worked intensively with the United States Environmental
Protection Agency, New Jersey Department of Environmental
Protection, County and State and adjoining Municipal governments
regarding the cleanup of over 400 residential properties which were
determined to be contaminated by radon gas. He conducted public
interest labor negotiations and arbitration, oversaw the
restructuring of Municipal departments and engaged in lobbying and
interaction with numerous Federal, State and County officials. He
acted as spokesman for the Municipality in its dealings with the
national and international media regarding a highly publicized court
case involving residents of the community. During his tenure as
Mayor, he received a recognition of his efforts regarding the
environment from the United States Environmental Protection Agency,
and a Platinum Life Membership in the Patrolman’s Benevolent
Association.
Mr. Callahan has served as a Director on various Boards including
the Archie Schwartz Company, Mental Health Association of Essex
County, AAA New Jersey Insurance Agency, Inc. and the New Jersey
Automobile Club (an affiliate of the American Automobile
Association), where he served as Chairman of the Board for 2 years
and Treasurer for 6 years. He continues as a Director of the New
Jersey Automobile Club and the AAA Insurance Agency, Inc.
EDUCATION
Rutgers University School of Law, Degree of Juris Doctor,
1965;
Seton Hall University, Bachelor of Arts, 1962;
New York University School of Law (Masters Program, Taxation)
ADMISSIONS
United States District Court, District of New Jersey, 1965;
Courts of the State of New Jersey, 1965;
United States Tax Court, 1974;
United States Court of Appeals for the Third Circuit, 1986
SERVICE
Member – Essex County, New Jersey State and American Bar
Associations;
New Jersey State Bar Association Public Law and Construction
Committee;
Director – Archie Schwartz Company, Mental Health Association
of Essex County, New Jersey Automobile Club, AAA New Jersey
Insurance Agency, Inc.
PUBLIC
Chairman, Planning Board, Borough of Glen Ridge, 1975-1980;
Councilman, Borough of Glen Ridge, 1981-1982;
Mayor, Borough of Glen Ridge, 1983-1991;
Member, District V-C Ethics Committee, 1995-1997;
Chairman, District V-C Ethics Committee, 1996-1999;
Counsel to Coalition for Reform of New Jersey Mechanics Lien Law,
1995-1996;
Member, New Jersey Supreme Court Committee on the Rules of Evidence,
2003-2007
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