ROBERT A. BANNER

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Practice Areas

Bob Banner has an active litigation practice focusing primarily on construction law and complex construction litigation. Bob's construction law practice also includes negotiating and drafting construction agreements and licensing agreements, representing owners, contractors, and design professionals.

For more than 40 years Bob has conducted trials and arbitrations involving breach of contract, delay claims, intellectual property, unfair competition, alleged design professional malpractice, and commercial real estate disputes. He regularly advises architects, engineers, owners, developers, construction managers, general contractors, and subcontractors during all phases of the development and construction process.

Prior to joining Ingram almost 20 years ago, Bob practiced with Milbank Tweed Hadley & McCloy and was a partner at Kalin and Banner P.C; Paley, Goldstein, and Kannry; and LePatner, Block, Pawa and Rivilis. Bob has received advanced training by the Judicial Arbitration and Mediation Services (JAMS) for construction mediation. He has received an excellent rating by the publishers of the Martindale-Hubbell legal directory. Bob speaks regularly on the subject of solving legal problems arising during construction projects.

Admissions:

United States District Court for the Southern and Eastern Districts of New York
New York State Bar

Education:

J.D., University Pennsylvania
B.A., University of Pennsylvania (summa cum laude)

Represented the owner and developer of a Buddhist monastery in a complex construction case brought by a terminated contractor. A bench trial in 2018 resulted in a favorable decision for the owner.
Represented an architectural firm in a negligence action seeking millions in damages relating to zoning advice. In December 2012, after a nine day trial in Supreme Court, New York County, the jury returned a verdict that the architectural firm and its principals (the only defendants) were not negligent.
Represented an engineering firm in a negligence and breach of contract action involving design and construction of a waste water treatment plant. The entire claim, including a delay claim for over ten million dollars in federally mandated liquidated damages, was defeated at trial.
Represented an oil company executive in an arbitration before the International Chamber of Commerce involving ownership of shares in an oil field in Kazakhstan. The ICC awarded ownership of the shares, valued in excess of twenty million dollars, to our client along with substantial monetary damages.
Drafted a series of master agreements to be used by a large financial institution in its contracts with architects, contractors, and construction managers.
Represented the Empire State Development Corp. in an action involving the collapse of a building in Time Square, New York days before New Years Eve. The result was a jury verdict fully compensating our client.
Represented a large engineering firm in a negligence and delay claim involving design and construction of an interstate highway. The claim was for over eight million dollars. The result was a jury verdict for the engineering firm after a lengthy trial.
Represented a financial services firm in an arbitration for fees owed and against a counterclaim for unfair competition. The arbitrators decided the fee should be paid in full and denied the counterclaim.
Represented an architectural firm which successfully argued for dismissal of all claims against it in connection with 7 World Trade Center under the NY State Defense Emergency Act.
Represented an architectural firm in a claim alleging negligent cost estimates involving a New York City Private School. The case was settled in the eve of trial for de minimus amount.
Represented a co-op board at trial in a dispute in which a tenant claimed substantial property damage due to asbestos contamination. The result was a successful jury verdict.
Represented Equitable Life Assurance Company in a trial alleging defective construction of a health club. A jury awarded Equitable a seven figure recovery.
Represented an architectural firm in a trial involving the collapse of a portion of a midtown office building. The court granted the architectural firm’s motion to dismiss at the conclusion of the plaintiff’s case.
Represented a Rock & Roll Hall of Fame Group and its most well-known member in a dispute regarding a recording studio. Settled on the eve of trial for de minimus amount.
Represented a large pension fund which purchased a building with construction defects despite an "as is" clause in the purchase agreement.
Represented a financial services firm in connection with a dispute involving compensation and wrongful appropriation of proprietary information.
Represented a spouse in a multi-million dollar claim in Bankruptcy Court for breach of a separation agreement.
Represented owners of a condominium complex and obtained a verdict in the New York Supreme Court to maintain a valuable easement after trial.
Represented developers in a multi-million dollar attorney malpractice case involving zoning.
Represents numerous owners of townhouses, schools, commercial buildings, and residences in negotiations with adjacent property owners.
Represented a world renowned design firm, in employment litigation, defending against a claim of wrongful termination.

SPEAKING ENGAGEMENTS

The Impact of NFTs on Architecture & Design
AIANY Webinar

Succession & Millennials: Strategies & Considerations for an Evolving Workforce
ACECNY Winter Conference 2020

Structuring your Business with Non-Licensed Partners
ACECNY 2019-20 Build a Better Business Seminar Series

Engineers Beware: There’s a New Trend Putting Engineering Firms at Risk
ACEC 2019 Tri-State Conference

Robert Banner Moderates Risk Management Panel at 2019 ACEC Tri-State Conference
ACEC 2019 Tri-State Conference

PDH Course: Key Engineering Issues Involved in Protecting Adjacent Buildings During a Construction Project
ACECNY 2018 Annual Meeting

Time is Money: Key Issues for Builders & Developers with Construction Projects Requiring Access Agreements with Adjacent Building
2018 Anchin Construction & Development Forum

How to be a Project Advocate by Diffusing Adjacent Neighbor Tensions
The Center for Architecture (AIANY)

Playing Nice with the Neighbors: Dealing with Adjoining Properties during Construction
Anchin's Construction & Development Forum

How to Control, Manage, Reduce and Monitor Litigation Cost and Risk
ACEC Tri-State Fall Conference

"A Practical, Non-Textbook Guide to Contractual Negotiations
The Center for Architecture (AIANY)

Copyright Issues Involving Substantial Similarity
The Center for Architecture (AIANY)

Copyright Issues in Construction Law
University of Pennsylvania Law School

ARTICLES & DECISIONS

NYREJ INDUSTRY LEADERS SPOTLIGHT: ROBERT A. BANNER, CONSTRUCTION & DESIGN
The New York Law Journal

Building Buyer May Proceed With Claims Against Seller
New York Law Journal

TIAA Global Invs., LLC v. One Astoria Sq. LLC,
2015 NY Slip Op 01768 (1st Dep't Mar. 3, 2015)

DEFENDANT’S VERDICT Architect Malpractice
Jury Verdict Review & Analysis

Coping With a Neighbor’s Renovation
New York Times

Design Firms Should Care About Litigation
The Zweig Letter

How To Live Next To A Construction Site And Remain Sane
Curbed University, curbed.com

Benefits & Pitfalls of Outsourcing Email Services
New York Law Journal, e-Discovery Special Report, February 6, 2017

Did You Know?

Bob has played on 59 of Golf Magazine’s “ Top 100 Courses in the World”!

Did You Know?

Bob has played on 59 of Golf Magazine’s “ Top 100 Courses in the World”!