Clancy Callahan & Smith
Attorneys at Law
103 Eisenhower Pkwy
Roseland, NJ  07068
Tel (973) 403-8300
Fax (973) 403-8355
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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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