Construction Litigation
Construction & Transition Litigation Law Blog Site
Construction Liens – What is a Lien Fund?
Posted in Construction Litigation
Although many contractors have never heard of the expression “lien fund” having an understanding as to what this phrase means is crucially important in the context of seeking payment pursuant to a construction lien. In general terms, a lien claimant is only entitled to payment from the project owner if… Continue reading
Structural Integrity Bill Imposes New Structural Inspection and Reserve Study Requirements on Certain Community Associations
Posted in Community Associations, Construction Litigation
On January 8, 2024, Governor Murphy signed into law Senate Bill S2760 (and its companion legislation, Assembly Bill A4384), which is informally known as the “Structural Integrity Bill.” The New Jersey Chapter of the Community Associations Institute (CAI-NJ) and its Legislative Action Committee (LAC) worked diligently with New Jersey lawmakers… Continue reading
Enforcing a Construction Lien
Posted in Construction Litigation
Now that you have successfully filed your construction lien claim, whether the lien involves a commercial or residential property, the next logical question is what must be done to enforce the construction lien and to receive payment for the materials and/or services that were provided. The next step in this… Continue reading
Know the Dangers Associated with Scissor Lifts on Construction Sites
Posted in Construction Litigation, Personal Injury
Construction workers are exposed to hazards and dangerous conditions on job sites every day. Often the danger comes from the very equipment they are required to use. One such piece of equipment is the scissor lift or aerial lift. I know this because I have personally litigated cases involving serious… Continue reading
Community Association Transition Litigation: “Who ya gonna call?”
Posted in Community Associations, Construction Litigation, Transition
It’s no secret that litigation can be a costly and stressful process, and this can be particularly so for community associations finding themselves facing transition litigation following the transfer of control over the community from the sponsor/developer to the unit owners. The costs can quickly become overwhelming, leading many potential… Continue reading
Spring Maintenance Practices for Community Associations
Posted in Community Associations, Construction Litigation, Transition
Spring is in the air (for now it seems in New Jersey)! Birds are singing, flowers are blooming, and homeowners are emerging from hibernation to tackle their home maintenance projects. For community associations, spring is a crucial time to ensure that Common Elements and areas are properly maintained to avoid… Continue reading
Proposed Bill Would Require All Commercial Liability Insurance Policies Issued In New Jersey to Specify Coverage For “Faulty Workmanship”
Posted in Construction Litigation
Assemblyman Gary S. Schaer of New Jersey’s 36th District introduced a proposed bill, A.B. 1075, that would require all commercial liability insurance policies issued in New Jersey to include “faulty workmanship” within the definition of “occurrence.” The proposed bill “provides that a commercial liability insurance policy shall not be delivered, issued,… Continue reading
Proposed Bill Would Require All Commercial Liability Insurance Policies Issued In New Jersey to Specify Coverage For “Faulty Workmanship”
Posted in Community Associations, Construction Litigation
Assemblyman Gary S. Schaer of New Jersey’s 36th District introduced a proposed bill, A.B. 1075, that would require all commercial liability insurance policies issued in New Jersey to include “faulty workmanship” within the definition of “occurrence.” The proposed bill “provides that a commercial liability insurance policy shall not be delivered, issued,… Continue reading
In The Wake Of The Surfside Tragedy Fannie Mae And Freddie Mac Issue “Temporary” Requirements For Condominiums And Cooperatives
Posted in Construction Litigation
The collapse of the Champlain Towers South in Surfside, Florida, in June 2021, sent shockwaves throughout the United States and was a wake-up call to condominiums to the dangers of aging infrastructures. In light of this tragic event, secondary mortgage market giants, Fannie Mae and Freddie Mac have issued bulletins… Continue reading
New Bill Clarifies Statute of Limitations For Community Association Transition Litigation Matters
Posted in Construction Litigation
On Tuesday, January 18, 2022, Governor Murphy signed into law Senate Bill 396, which automatically tolls (i.e. pauses) the 6-year Statute of Limitations for construction defect claims by condominium and/or homeowner associations and cooperative corporations until the first election when unit owners take majority control of the association board (“Transition”). Although… Continue reading
