Attorney Profile

Anthony D. Capasso
Partner
TEL: (973) 239-5700 | FAX: (973) 239-3400 | ACapasso@oslaw.com     PDF | VCARD


Anthony D. Capasso concentrates his practice on general liability defense and complex commercial litigation, largely focusing on construction defect litigation, construction site accidents (personal injury and property damage) and construction contract law. Mr. Capasso specializes in the defense of commercial construction companies, governmental entities, property owners, contractors, design and other professionals. He has handled a number of high profile matters, including numerous multi-million dollar claims asserted by and against clients on major construction projects. His practice, though litigation oriented, involves extensive claims analysis and investigation and includes negotiation, mediation and other informal methods of dispute resolution.

Additionally, Mr. Capasso maintains a transactional practice focused on the representation of closely-held businesses and entrepreneurs, and regularly serves as outside general counsel to his clients and advises them on strategic planning and general legal matters.

In addition, Mr. Capasso was appointed to the New Jersey State Bar Association committees on Civil Trial Practice and Insurance Defense. He lectures on a myriad of litigation topics including civil practice, contractual indemnification and attorney ethics.

The above illustrations are merely representative of matters or issues handled by Mr. Capasso. He has represented numerous contractors, owners and others requiring expertise in complex commercial contracts and disputes.


Notable Representations

  • Successful defense of foundations/steel sheeting contractor in adjacent building subsidence matter exceeding $100 million. Obtained dismissal of multiple subsidence event claims based on statute of limitations expiration.
  • Successful defense of foundations/caissons contractor in adjacent building subsidence matter where subsurface conditions that were actually encountered at site constituted “changed conditions” under its contract and redirected claim toward myriad of design failures by the architect and engineers.
  • Successful defense of project architect in building collapse matter where geotechnical and structural evaluations did not comply with the Building Code.
  • Successful defense of framing subcontractor in construction defect matter including water infiltration claims exceeding $15 million that resulted in global high seven-figure settlement with four-figure contribution by client.
  • Successful defense of subcontractor in construction defect matter that included water infiltration and subsidence claims exceeding $10 million that resulted in low five-figure contribution by client.
  • Successful Second Department Appeal of summary judgment denial in construction site accident matter involving New York’s Labor Law where subcontractor’s work was not a proximate cause of Plaintiff’s accident, but merely furnished the occasion for some of his injuries.
  • Successful First Department Appeal of summary judgment denial in in construction site accident matter involving New York’s Labor Law 241(6) where construction form was not complete, and therefore not a “form” under the industrial code.

Honors & Awards

  • Selected as a Fellow of the Construction Lawyers Society of America
  • Selected to New York Metro Super Lawyers List (2012 through 2020)*
  • Selected to New Jersey Super Lawyers Rising Stars List*
  • Selected to Phi Beta Kappa
  • Selected to New Jersey State Bar Association Committee on Civil Trial Practice
  • Selected to New Jersey State Bar Association Insurance Defense Special Committee

* No aspect of this advertisement has been approved by the Supreme Court of New Jersey. The Super Lawyers list is issued by Thomson Reuters. A description of the selection methodology can be found here.


Memberships & Affiliations

  • Phi Beta Kappa
  • Executive Committee Member of the New Jersey State Bar Association
  • Fellow of Construction Lawyers Society of America
  • Member, Trial Law Institute
  • Member, Diversity Law Institute

Speaking Engagements

  • Anatomy of a Defect - Birth to Conclusion, National Construction Defect Conference, Perrin Conferences, November 2018
  • Ethical Challenges with Carrier-Insured Tri-Partite Relationship, Crum & Forster Insurance Co., December 2018
  • Ethical Challenges with Carrier-Insured Tri-Partite Relationship, Food & Beverage Litigation Conference, Perrin Conferences, October 2018
  • Ethical Challenges with Carrier-Insured Tri-Partite Relationship, Food & Beverage Litigation Conference, Perrin Conferences, October 2016
  • Hot Topics in Civil Litigation – Litigating Construction Site Accidents in New York and New Jersey, NJSBA Annual Meeting and Convention, 2018
  • Hot Topics in Civil Litigation – Litigating Construction Site Accidents in New York and New Jersey, NJSBA Annual Meeting and Convention, 2017
  • Hot Topics in Civil Litigation – Litigating Construction Site Accidents in New York and New Jersey, NJSBA Annual Meeting and Convention, 2016
  • Hot Topics in Civil Litigation – Litigating Construction Site Accidents in New York and New Jersey, NJSBA Annual Meeting and Convention, 2015
  • Facts are Stubborn Things: Construction Defect Coverage Update, Emerging Insurance Coverage & Allocation Issues Conference, Perrin Conferences, May 2015
  • Hot Topics in Insurance Defense – Contractual Indemnification, NJSBA Annual Meeting and Convention, 2010

Practice Areas
Business Litigation
Construction
Insurance & Reinsurance
Professional Liability

Admissions
  • State of New Jersey
  • State of New York
  • U.S. District Court, District of New Jersey
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Southern District of New York
  • U.S. District Court, Northern District of New York

Education
  • Seton Hall University School of Law (J.D.)
  • Rutgers University (B.A. in English with Highest Honors)