Construction & Design
Robert Banner joined the firm as partner in 2000. After graduating summa cum laude from the University of Pennsylvania in 1976, the London School of Economics, and the University of Pennsylvania Law School in 1979 he became associated with Milbank Tweed Hadley & McCloy. Bob was a partner at Kalin and Banner P.C.; Berman, Paley, Goldstein, and Kannry; and LePatner, Block, Pawa and Rivilis before joining Ingram Yuzek over twelve years ago.
Bob has an active litigation practice with a specialization in construction law and complex construction litigation. He has tried or arbitrated many complex construction cases and successfully mediated or settled dozens of others. Bob's construction law practice also includes negotiating and drafting construction agreements representing owners, contractors, and design professionals. Bob has also tried or arbitrated a large variety of commercial cases involving breach of contract, intellectual property, compensation, wrongful termination, unfair competition, attorney malpractice and ownership interests in corporations.Representative Matters
- 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 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.
United States District Court for the Southern and Eastern Districts of New York
New York State Bar
J.D., University Pennsylvania 1979
B.A., University of Pennsylvania 1976
Recent Articles and Decisions
New York Law Journal, Page 1, March 4, 2015
TIAA Global Invs., LLC v. One Astoria Sq. LLC, 2015 NY Slip Op 01768 (1st Dep't Mar. 3, 2015)
Jury Verdict Review & Analysis, July 2013
New York Times Real Estate Section, Cover Article, April 14, 2013
The Zweig Letter, Page 6, April 15, 2013
Curbed University, curbed.com, April 22, 2013
New York Law Journal, e-Discovery Special Report, February 6, 2017Speaking Engagements
Copyright Issues in Construction Law
Penn Intellectual Property Group (PIPG)
April 14, 2016
"A Practical, Non-Textbook Guide to Contractual Negotiations
The Center for Architecture (AIANY)
June 16, 2016
How to Control, Manage, Reduce and Monitor Litigation Cost and Risk
ACEC Tri-State Fall Conference
September 19, 2016