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Benjamin  W. Spang

Partner
Primary Office
LibertyView
457 Haddonfield Rd., Suite 700
Cherry Hill, NJ 08002
Direct(856) 675-1972
Fax(856) 663-8855
bspang@dilworthlaw.com

Ben Spang is a skilled and experienced litigation and trial attorney with a diverse background. He focuses his practice in the areas of commercial, construction and financial services litigation and represents his clients in state and federal courts as well as a variety of other forums.   

Ben handles a wide range of construction matters spanning the spectrum of public, commercial and residential. He has experience litigating all types of claims associated with construction projects including design errors, construction defects, delay claims, lien enforcement and defense, as well as insurance coverage litigation. His experience and ability to develop practical and cost efficient solutions allows him to counsel clients and identify potential problems before they arise and also to quickly and successfully resolve issues that may occur. He has represented clients from the inception of projects and contract formation, managing claims and disputes during projects and resolving disputes through arbitration, litigation and trial. 

In his financial services practice, Ben has a wealth of experience litigating disputes and claims arising under Articles 3 and 4 of the Uniform Commercial Code, the Electronic Funds Transfer Act, Regulations E and Z, credit card payment processing and other payment systems disputes.  He assists clients with commercial loan workouts and commercial foreclosure actions. His clients include both local and national banks as well as other lending institutions. Ben’s experience along with his knowledge of financial regulations and statutes allow him to effectively counsel and work with his clients to achieve excellent results.     

Ben also has substantial experience counseling business owners in shareholder, partner and member disputes for both large and closely held business entities. He has litigated claims involving minority shareholder oppression, disassociation of members, business dissolutions, shareholder derivative actions and compulsory buyouts of ownership interests. His experience with the laws governing these disputes enables him to effectively craft cost efficient solutions when practical, or if not practical, fully litigate the dispute for the benefit of his clients.    

In addition to his specialized experience, Ben has handled litigation for clients in a variety of other industries including employment litigation, class actions, eminent domain proceedings, commercial landlord-tenant issues, condominium and home owner association disputes, business collections and general litigation. His counsel and experience are invaluable to the clients he represents. Ben is strategic and reliable. In each representation he tailors his approach to the case to ensure each client is receiving the most efficient services but also ensuring that the client’s specific goals are achieved. 

Prior to becoming an attorney, Ben served as an officer in the United States Army with the 10th Mountain Division as well as an Assistant Professor of Military Science with the Army Reserve Officer’s Training Corps. Several years after becoming an attorney, Ben re-entered the military and is currently serving as a Judge Advocate in the Army Reserve.

Representative Experience

  • Trial counsel for a landowners in eminent domain proceedings where in one case the jury returned a verdict in excess of $2.6 million or 13 times the valuation by the condemning authority; and in another case the jury returned a verdict in excess of $500,000 where the condemning authority valued the property at $0. 
  • Represented condominium association and unit owners in a construction defect case against the developer, architect and various contractors and obtained favorable settlements on the eve of trial. 
  • Trial counsel for a regional bank in a complex commercial loan work consisting of multiple entities and many commercial properties in various stages of development involving multiple foreclosures, forbearances and bankruptcy cases including disputed hearings, trials and adversary proceedings over the fair market value of properties.    
  •  Represented a municipal entity in litigation arising out of the design and construction of a public project resulting in settlements in excess of $5 million.
  •  Defended company and individual owner against claims of minority shareholder oppression and breach of fiduciary duty by obtaining summary judgment on all claims which was upheld by the New Jersey Appellate Division in a published opinion.  Metro Commercial Management Services v. Van Istendal, 457 N.J. Super. 66 (App. Div. 2018).
  • Represented local, regional and national banks against various claims arising under the Uniform Commercial Code including allegations of check fraud and conversion.  
  • Trial Counsel for trustee in adversary proceedings for claims arising out of the development, sale and installation of highly specialized and prototype telecommunications equipment.
  • Served as outside counsel to regional bank and provided counsel and assistance to formulate policies and procedures for handling of disputes between banks regarding claims of altered and forged checks. 
  • Obtained dismissal of a proposed class action against a health club and gym against alleging claims under the New Jersey Consumer Fraud Act, Retail Installment Sales Act and Truth-In-Consumer Contract, Warranty and Notice Act.
  • Defended a title insurance company in a class action alleging violations of the Truth in Lending Act and Regulation Z and successfully reached a favorable class settlement.
  • Successfully defended and prosecuted claims on behalf of homeowners and contractors related to construction contracts and disputes that arose under the New Jersey Consumer Fraud Act, the Contractor’s Registration Act and the Home Improvement Practices Regulations. 
  • Represented a national home improvement contractor in a class action alleging claims which resulted in the class allegations being dismissed.
  • Successfully represented various commercial landlords to obtain possession of premises and monetary judgment against tenants, including bringing claims of successor liability. 
  • Represented Fortune 500 logistics and package delivery company in litigation matters throughout Pennsylvania and New Jersey. 
  • Served as national defense counsel for an online advertising company handling contractual disputes and claims throughout the United States.

Speeches & Presentations

  • “Economic Impact of Joint Base McGuire Dix Lakehurst,” presented for the Burlington County Chamber of Commerce, April 2012.
  • "Trends and Developments in Consumer Fraud Act Litigation," presented for the Burlington County Bar Association, March 2017.

Notable Decisions and Articles

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Alternate Biographies

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Education

  • J.D., magna cum laude, Rutgers School of Law - Camden, 2011
  • B.S., Biology, Villanova University, 2002

Bar Admissions

  • Pennsylvania, 2011
  • New Jersey, 2011
  • United States District Court District of New Jersey, 2011
  • United States District Court Eastern District of Pennsylvania, 2012

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