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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

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 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

Aug 01, 2017

What Is The NJ Prompt Payment Act And Can It Help Me Get Paid?

In 2006, New Jersey enacted the “Prompt Payment Act,” codified at N.J.S.A. 2A:30A-1, et seq. (the “PPA”).  The PPA establishes timelines for payment of invoices or requisitions submitted to both private and public entities and provides a remedy for general contractors and subcontractors when payment is wrongfully withheld by an upper-tier contractor or owner.» Read More

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