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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.”2 Thus, LLC Members reap the dual benefits of limited liability afforded to corporate shareholders and pass through tax advantages available to partnerships.» Read More

May 14, 2018

Want to bring a lawsuit to collect payments owed to you? First make sure your company is properly authorized to conduct business in New Jersey.

Do you know what happens if you own a New Jersey corporation, and you fail to file an annual report with the state treasurer for two consecutive years? Your certificate of incorporation can be revoked, and your company loses both its rights to continue transacting its business in New Jersey and all the powers conferred by New Jersey law.  » Read More

Apr 09, 2018

I’m a Contractor in New York and Haven’t Been Paid, but My Contract Says I Can’t Suspend Performance Due to Non-Payment: Do I Have to Keep Performing Work?

If you have ever been involved in a construction project, you have probably dealt with a payment dispute. Often, when a construction contractor hasn’t been paid, his or her only leverage is to “stop the bleeding” by suspending work until they have been paid. » Read More

Apr 02, 2018

What is the New York Prompt Payment Act and Can it Help Me Get Paid?

In 2003, the New York legislature enacted the Prompt Payment Act (PPA), set forth in sections 756-758 of Article 35-E of the General Business Law, in an effort to facilitate and expedite payment disputes between owners and contractors and between contractor and subcontractors on certain private commercial construction projects. » Read More

Jan 25, 2018

I’m an Architect. What Can I Do to Protect Myself From Liability?

As an architect and design professional, you want your vision for what the client needs and wants to become a tangible reality.  My knowledge of architects arises not only from 30 years of practice in construction law, but from my experience at Columbia College, my alma mater, back in the early 80’s when I was a clerk at Avery Library – to many, the best architectural library in the country. » Read More

Jan 15, 2018

Is The Pay-If-Paid Or Pay-When-Paid Clause In My New York Construction Contract Enforceable?

Many subcontractors receive standard form contracts from contractors and have little opportunity to negotiate the terms of the contract.  Often, these standard form contracts include a “pay if paid” or “pay when paid” contract clause.  What are these clauses? Are they enforceable under New York Law?» Read More

Jan 08, 2018

The Insurance Debacle: You Know You Need It, But How Does It Help You?

As a contractor, you know you need insurance.  You know that all owners – commercial or residential – will require it.  The law will require it if you are doing home improvement or public work.  You have an insurance broker.  You have general liability insurance, worker’s comp insurance, and auto insurance. » Read More

Jan 02, 2018

When Can I Lien A Project In New Jersey And What Does It Get Me?

One of the reasons why construction projects generate so many legal disputes is that the expectations of the parties – owners and contractors – often differ and may be at odds with each other. I’m sure that as a contractor, you have dealt with owner complaints about the schedule, change orders, quality of workmanship or materials, etc.» Read More

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