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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

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

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