Construction Litigation
Construction & Transition Litigation Law Blog Site
Business, Interrupted
Posted in Construction Litigation
The economic situation for small businesses in America is dire. Following the widespread social distancing and stay-at-home orders, 7.5 million small businesses are now at risk of closing their doors permanently within the next several months if the coronavirus pandemic restrictions continue. The situation has business owners searching for ways… Continue reading
A Cautionary Tale: Resist the Impulse to Exert Pressure on Your Expert to Give Opinions They Don’t Really Believe
Posted in Construction Litigation
If your community association is involved in matters requiring the hiring of experts, including, but not limited to, transition-related issues, or in evaluating what to do about design and/or construction deficiencies, financial irregularities, or environmental concerns, among others, the association is going to need to engage one or more experts… Continue reading
What Can the Association Do About Damage From Water Infiltration Through Brick?
Posted in Construction Litigation
Brick is among the materials that are most commonly used as an exterior cladding material on condominiums and other residential buildings in New Jersey. If correctly installed and maintained, it will usually last for the life of the building without allowing water to penetrate inside the wall cavity where it… Continue reading
Factors to Evaluate in Deciding Whether the Cost of Litigation Is Worth the Likely Return on Investment
Posted in Construction Litigation
Your community association may become aware of significant transition, design, and/or construction defect claims. This awareness may come from the association receiving complaints from unit owners, or perhaps your property manager or a transition engineering inspection report will have visually identified issues of concern. Whatever the source of the Board’s… Continue reading
New Jersey Lien Law vs. Pennsylvania Lien Law: Notice and Timing Differences
Posted in Construction Litigation
This blog will be the first blog in a series of blogs exploring the main differences between the New Jersey Construction Lien Law and the Pennsylvania Construction Lien Law.
Basics of Binding Contracts
Posted in Construction Litigation
In virtually every industry, contracts are the instruments which govern the relationship between two entities that wish to conduct business. As such, it is helpful to know the basics as to what constitutes a binding contract to provide materials or services.
Filing a Residential Construction Lien in New Jersey
Posted in Construction Litigation
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 Litigation
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
Navigating the Transition Litigation Process to Minimize Costs and Maximize Potential Recovery
Posted in Construction Litigation
Transition from developer to unit-owner control of a residential community association generally unfolds in one of two ways. In many instances, the “Transition” process is uneventful – there are no major design or construction defects and the sponsor/developer works with the association board to amicably resolve all outstanding matters such… Continue reading
The New Jersey Prompt Payment Act
Posted in Construction Litigation, 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.
