close

Blogs > Construction Law Blog

Building on Legal Blocks

Construction Law Blog

Spotlighting construction law and construction litigation issues.

blog-banner

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.”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

Want to receive these blogs in an email? Subscribe here: