Gary F. Werner Managing Partner

Gary F. Werner is Schenck, Price, Smith & King's Managing Partner.  He also Chairs the Firm's Management Committee. Mr. Werner has more than three decades of experience in all types of complex commercial litigation.  He has extensive jury trial experience and has litigated in both state and federal courts throughout the United States.  Mr. Werner also has significant experience in arbitration and has appeared in arbitration forums throughout the United States.

Selected to the 2008 through 2017 New Jersey Super Lawyers® * list, featured in New Jersey Monthly magazine, in the field of construction / surety law, Mr. Werner serves as Chairman of the Firm’s Construction Law Practice Group.  His construction practice covers all areas of construction law, from the pre-bid process, to public bidding disputes, to contract negotiation, to construction liens, labor issues, and OSHA claims.  He counsels clients throughout the construction phase in order to avoid and mitigate claims and to be strategically positioned if litigation or arbitration is required.

Mr. Werner’s commercial litigation practice includes partnership disputes, trade secret and restrictive covenant litigation, and franchisor/franchisee litigation as well as sophisticated corporate contractual disputes.

He is also counsel to the boards of several public educational institutions, where his practice involves all aspects of education law, including board governance issues, regulatory law, and labor law issues.

As a frequent lecturer on construction law issues as well as mediation and alternative dispute resolution (ADR), Mr. Werner shares his experience and knowledge with professional associations, law schools, construction industry trade groups, and school law organizations.  He is an ad hoc lecturer on ADR issues for New York area law schools.  Mr. Werner is also the presenter of in-house seminars on how to effectively avoid and mitigate claims arising on construction projects.

Areas of Concentration

Commercial Litigation including partnership disputes, commercial contract disputes, restrictive covenant and trade secret litigation, as well as franchisor/franchisee litigation; Construction Law including surety law, bid protests, delay claims, and extra work claims, construction contract negotiation and formation, mechanics and other lien issues, public bidding, and bid protest claims; Board counsel to New Jersey colleges, as well as public school boards and other educational entities involving board governance, public bidding; public contracts, and labor and educational law issues.

Representative Matters

  • Represented a Fortune 100 corporate owner in a $15M water infiltration and delay claim construction case
  • Represented a public college in a $24M dispute with its surety over a claim for delay, mold infestation, and related damage to dormitories
  • Represented a regional school board in all aspects of its $45M construction renovation project
  • Represented numerous contractors in sophisticated delay claim litigations

* The Super Lawyers and Rising Stars lists are issued by 
Thomson Reuters.  A description of the selection methodology 
can be found at Super Lawyers Selection Process. No aspect of 
this advertisement has been approved by the Supreme Court of New Jersey.