James J. Merkins

James ‘Jim’ Merkins is a partner at Lamb McErlane in the Litigation department. Jim focuses his practice in commercial litigation, construction law, and general business matters. He also manages estates, family law, criminal, and personal injury law matters.

Jim also serves as a Magisterial District Judge in Springfield and Upper Darby, PA. Judge Merkins hears both civil and criminal matters. The civil matters include contracts, torts, and landlord/tenant disputes. He also hears traffic cases, summary crimes, preliminary hearings, and sets bail in criminal cases.

Prior to joining Lamb McErlane, Jim was in private practice, including being a named partner at a Philadelphia area firm. His background also includes a role as general counsel for a large electrical contractor, where he was responsible for advising senior management on all aspects of sales and operations, including contract review, dispute resolution, and insurance coverage.

While in law school Jim was a judicial intern to the U.S. Court of Appeals for the Third Circuit. Immediately following law school he served as a law clerk to Chief Justice Myron T. Steele of the Supreme Court of Delaware. Jim then began his career at Blank Rome, an international law firm.

ADMISSIONS:

• Supreme Court of Pennsylvania
• Supreme Court of Delaware
• Supreme Court of New Jersey
• Eastern District of Pennsylvania
• District Court of Delaware
• District Court of New Jersey
• U.S. Court of Appeals for the Third Circuit

EDUCATION:

• Widener University Delaware Law School, JD, Magna cum laude
• Penn State University, BA

ARTICLES:

• Recent Construction Matters: What Actually Moves Disputes Toward Resolution. Article by: Lamb McErlane attorneys James Merkins and Ashley Blackburn

REPRESENTATIVE MATTERS:

• Represented electrical subcontractor in a payment dispute on a large project for PATCO and the sale of assets from the electrical contractor to another, successfully litigated the case and obtained a favorable settlement on the third day of trial in New Jersey state court.
• Represented subcontractor excavator against general contractor in Westchester County Supreme Court, New York, obtaining a unanimous jury verdict for the entire demand amount plus interest dating back to the breach of contract ($800k+).
• Represented excavation contractor in Pennsylvania in multiple payment disputes, including termination challenges and back charge claims, with matters filed in Montgomery and Lancaster County Courts of Common Pleas, achieving favorable settlements for the client.
• Defended excavation contractor against aggressive supplier disputes, including personal guaranty claims against the owner in the Delaware County Court of Common Pleas, while suing the general contractor for payment in the Montgomery County Court of Common Pleas; coordinated settlements using funds from the general contractor to resolve supplier claims favorably.
• Represented international financial broker dealer based in Birmingham, AL, regarding claims against an independent financial advisor based in Pennsylvania.
• Assisted a pharmaceutical rebate aggregator in negotiating service agreements with upstream and downstream clients.
• Represented a former employee of a large pharmacy benefits management company in an arbitration in Delaware.
• Represented software developers and staffing firms in service agreement and scope of work contract negotiations.
• Represented a 50% shareholder of a deadlocked corporation in the Delaware Court of Chancery regarding a petition for dissolution under 8 Del. C. § 273.
• Represented PA/NJ HVACR contractor on payment collection efforts and New Jersey licensing compliance to support ongoing business operations.
• Represented electrical subcontractor in payment dispute over floating solar array in New Jersey, including placing a mechanics lien and suit to enforce, resulting in receipt of full payment.
• Drafted and negotiated a complex commercial lease for an electrical contractor in Pennsylvania, working with international counsel to align operational and risk provisions.
• Drafted, reviewed, and negotiated commercial and residential construction contracts and subcontracts.
• Assisted waste hauler in New Jersey with payment disputes on construction projects by filing liens and negotiating favorable settlements following pre-litigation demands.
• Represented waste hauler in a public bid dispute against a municipality in Pennsylvania state court.
• Represented solar photovoltaic developer in breach of contract suits against contractors in Massachusetts and Vermont state courts.
• Managed workers’ compensation, auto, general liability, and EEOC claims for electrical contractors.

CURRENT AND PAST COMMUNITY SERVICE & AFFILIATIONS:

• Delaware County Magisterial District Judges Assoc., Past-President (2020)
• Delaware County Bar Association
• American Bar Association
• Radnor High School, Assistant Girls Soccer Coach

ADDRESS:

3405 West Chester Pike | Newtown Square, PA | 19073