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Articles Posted in New Jersey Construction Attorneys

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New Jersey Passes Draconian Construction Law Imposing Drastic New Regulations on Home Improvement and Home Elevation Contractors

A recent New Jersey construction law development will greatly affect contractors. The New Jersey Legislature passed a new law regulating home improvement and home elevation contractors, which Governor Murphy signed into law on January 8, 2024.  The regulations governing home improvement contracts and home elevation contractors were already draconian, but…

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Claims of Negligence by an Engineer in New Jersey Construction Litigation Must be Supported by Expert Opinion in an Affidavit of Merit

New Jersey construction litigation often involves claims against contractors for improper construction or delay.  Contractors, in turn, often argue as a defense, counterclaim or cross-claim that any delay or improper construction was the fault of the licensed professional on the project, such as the engineer or the architect.  Owners may…

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New Jersey Construction Law Decision Examines Role of Good Faith in Construction Contracts

An appellate court recently examined the covenant of good faith and fair dealing in New Jersey construction contracts in the case of Konopka vs. Brown’s Heating, Cooling, Plumbing. Background Konopka hired Brown’s as a contractor to install a Carrier gas furnace in his home.  Brown was to supply labor and…

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New Jersey Construction Law Decision Examines Prompt Payment Act

One of the most difficult problems in New Jersey construction law for contractors and subcontractors is getting paid.  Fortunately, a powerful remedy exists in the New Jersey Prompt Payment Act.  A recent appellate court decision examined the New Jersey Prompt Payment Act in the case of Jo-Med Contracting Corp. vs.…

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Appellate Division Enforces Subcontractors’ Right to be Paid in New Jersey Construction Law Decision

The Problem: Getting Paid One of the most important considerations for construction contractors and subcontractors is getting paid for the work they perform.  A recent construction law opinion examined some of the issues which contractors and subcontractors face under New Jersey construction law when seeking to get paid for their…

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Appellate Division Decision Demonstrates Enforceability of Arbitration Awards in New Jersey Construction Law

Construction Arbitration Complex New Jersey construction law cases can be extremely expensive to litigate in court because of the amount of documents involved, the number of witnesses, and the need for experts.  Therefore, many construction contracts contain arbitration provisions.  The view is that arbitration can save money in the litigation…

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Appealing Denials of Construction Permits and Other Local Government Actions Under the New Jersey Uniform Construction Code and New Jersey Uniform Fire Code to New Jersey Construction Boards of Appeals

Under New Jersey construction law, each county must establish a construction board of appeals. A construction board of appeals hears the applications of any “person who is aggrieved by any ruling, action, notice, order or decision of a local enforcing agency that enforces either the New Jersey Uniform Construction Code…

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Appellate Division Explains Subcontractors’ Remedies for Non-Payment Under New Jersey Construction Law

Contractors’ Problems With Getting Paid Our construction attorneys represent New Jersey contractors and subcontractors in construction litigation, arbitration and mediation.  One of the things we see over and over again, is that one of construction companies’ biggest worries is that they will perform all the work they agreed to and…

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Appellate Division Continues Trend of Limiting Enforceability of Arbitration Clauses in Residential New Jersey Construction Contracts

In October 2019, the Appellate Division of the Superior Court of New Jersey issued an opinion in the case of Becker v. Ollie Solcum & Son, Inc., examining the enforceability of an arbitration clause in a construction project.  The decision continued the trend in New Jersey of limiting enforcement of…

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Arbitration in Multi-Issue Construction Claims

Disputes over construction projects can be costly, time-consuming, complex and unpredictable endeavors.  Arbitration is a mechanism often used to avoid these pitfalls by many in New Jersey construction law.  Attorneys from our firm have significant experience in litigating and arbitrating construction disputes.  One of the most contentious areas is whether…

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