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Construction Law Blog

Spotlighting construction law and construction litigation issues.

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Aug 13, 2020

Navigating the Maze of Regulations Applicable to New Jersey Residential Home Improvement Contracts

A new client came to me for legal assistance in collecting a $75,000 balance due in connection with a major home improvement contract. He was upset because he had been in business for 30 years without a legal claim. He spoke with pride of many satisfied customers and successful projects, showing me pictures of high-quality materials and workmanship.» Read More

May 12, 2020

The Untold Truth of Restaurant Construction: 10 Common Pitfalls in Restaurant Build-Outs

These ten common construction pitfalls in restaurant build-out could bring you out of the kitchen and into court. 

Opening a new restaurant is exciting. When you find a space that’s “perfect,” you want to jump in and get moving on the build-out.» Read More

Mar 26, 2020

New Jersey Dept. of Community Affairs Temporarily Modifies and Suspends Certain Construction Inspection Regulations

On March 25, 2020, in response to the COVID-19 pandemic and pursuant to Section 6 of Governor Murphy’s Executive Order 103, Lt. Governor Sheila Oliver, Commissioner New Jersey Dept. of Community Affairs (DCA), issued an emergency adoption of a temporary rule relaxation of regulatory provisions concerning Minor Work (N.J.A.C.» Read More

Mar 10, 2020

Is Your Construction Project at Risk for Delays or Damages Because of the Coronavirus?

As the coronavirus spreads around the world, its impact on many businesses and industries, including the construction industry, is increasing.

The construction industry in the United States relies heavily on foreign suppliers and manufacturers of goods for construction materials, including steel, millwork, electrical and lighting equipment, plumbing fittings and fixtures, flooring tiles, and HVAC equipment.» Read More

Jun 27, 2019

A Mechanic’s Lien Filed Against a Co-op Building May be Enforceable

Under New York State’s Lien Law, a contractor or subcontractor can file a mechanic’s lien for an unpaid balance due on labor and materials provided to improve real property, such as a co-op unit owner’s apartment. As a result, because the real property to be subjected to a mechanic’s lien is the underlying property – the building as a whole – and not just the individual unit, co-op boards become entangled in the disputes regardless of the fact that the work wasn’t done in any common areas, but within individual apartments.» Read More

May 16, 2019

New Jersey’s Prompt Payment Act May Override a Contractual Forum Selection Clause

Many subcontractors are faced with contracts from general contractors that include a “forum selection clause,” identifying the location and/or the court where any legal dispute will be litigated or arbitrated. That means that a party to a contract can agree to litigate or arbitrate disputes outside the location where the construction occurred or the dispute arose. » Read More

Feb 08, 2019

A Quick Reminder on the Need to Prove Damages in New Jersey Construction Litigation

The New Jersey Appellate Division’s recent opinion in Professional Stone, Stucco & Siding Applicators, Inc. v. JMOC Builders, Inc., although not new, serves as a good reminder of what contractors need to do to prove damages in a breach of contract case.» Read More

Oct 08, 2018

LLCs: How Limited is Your Liability?

The New Jersey Legislature adopted the New Jersey Limited Liability Company Act in 1993 (the “1993 Act”)1 and thereby ushered in a new form of business enterprise: the limited liability company (LLC). The 1993 Act enabled business owners to “take advantage of both the limited liability afforded to shareholders and directors of corporations and the pass through tax advantages available to partnerships.”» Read More