Author: Paul W. Norris
Filing a Residential Construction Lien in New Jersey
Posted in Construction
If you are a contractor or subcontractor in New Jersey who is involved in the construction or renovation of residential structures, you should be aware of the requirements for filing a construction lien on a residence. This process is markedly different from the filing of a construction lien with regard… Continue reading
Should I Have an Arbitration Clause in My Construction Contract?
Posted in Construction
Although it is typical for AIA form contracts to contain arbitration clauses, as a contractor you should consider whether you should have an arbitration clause in your construction agreement. As discussed below, there are numerous factors to consider in determining whether mandatory arbitration is the preferred dispute resolution mechanism, or… Continue reading
Probating a Copy of a Will
Posted in Probate Litigation
When an Executor named under a Last Will and Testament seeks to probate the Will of the Decedent, the original copy containing the original signatures of the Decedent must be submitted to the Surrogate’s Office. What happens, however, if the original copy with the original signatures cannot be located? Under… Continue reading
The New Jersey Prompt Payment Act
Posted in Construction, Litigation
While many contractors may not be aware of the existence of the New Jersey Prompt Payment Act, its application to construction litigation where payment is sought under either a general-contract or sub-contract is important to the industry.
Undue Influence in a Will Contest
Posted in Probate Litigation, Trusts & Estates
One of the potential causes of action pursuant to which a party may seek to invalidate a Will is based upon an allegation that undue influence was exerted against the Decedent by a beneficiary to the disputed Will.
Common Pitfalls Made by Executors of Estates
Posted in Probate Litigation
Typically, the Executor of an Estate named by a Will has little or no prior experience in administering an Estate. As such, this somewhat complex process lends itself to the possibility of errors being made by the Executor or Executrix which could result in litigation. The purpose of this blog… Continue reading
How to Remove an Invalid Construction Lien
Posted in Construction, Litigation
As the owner of a parcel of property, you might someday be faced with a scenario wherein a construction lien filed by a contractor who performed work for you was either improperly filed, or is simply invalid on its face. The issue becomes what is the proper way to remove… Continue reading
The Elective Share of Surviving Spouse
Posted in Probate Litigation
Under New Jersey Law, a surviving spouse or domestic partner may be entitled to an elective share of their spouse’s or partner’s Estate, pursuant to N.J.S.A. 3B:8-1, in lieu of a distribution under their Will. Pursuant to the Elective Share statute, a spouse or domestic partner may take their share… Continue reading
“Release and Refunding Bond” and the Right to an Accounting
Posted in Probate Litigation
Prior to receiving a distribution from an Estate, the Executor will often require a beneficiary to sign a “Release and Refunding Bond.” Continue reading
Drafting a Will for a Family Member
Posted in Probate Litigation
Often times, attorneys may be bombarded by family members or relatives with requests to provide free legal services which a family member or relative may request. One typical request might be that a family member may request if the attorney could draft a Will for them. While this may seem like a simple and good idea, it is one that could have disastrous consequences which could lead to future Estate Litigation. Continue reading
