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 or the New Jersey Uniform Fire Code, including, without limitation, any refusal to grant an application or any failure or refusal to act upon an application,
but not including any order requiring the taking of emergency measures….” This is an important tool under New Jersey construction law to challenge wrongful denials by local authorities of building and construction applications.
Most county construction boards of appeals have websites with information about their locations, hours and local procedures. For example, the Passaic County Board of Construction Appeals can be found here. The Essex County Board of Construction Appeals can be found here. The Bergen County Board of Construction Appeals can be found here. The Monmouth County Board of Construction Appeals can be found here. The Morris County Board of Construction Appeals can be found here.
Appeals must be filed and received by the local county construction board of appeals within 15 days of receipt of the written notice of the action, ruling, notice or order which is to be appealed. While the law states 15 days from receipt, we recommend that appeals be received by the construction board of appeals within 15 days from the date on the notice to avoid any later dispute over the date of receipt and the possible rejection of the appeal as untimely.
New Jersey Lawyers Blog


agreed to and then not get paid, despite the fact that they met all the project’s specifications and did a great job. It is a well-founded worry. Companies or people who don’t want to pay devise many different schemes, sometimes claiming defects with the work, delay damages, failure to do proper paperwork, the excuses are as varied as is human imagination. To be clear, sometimes these claims are legitimate, but sometimes they are not, and good contractors need to get paid to do the work and to stay in business.
The
The Appellate Division of New Jersey’s Superior Court recently reviewed the signature requirements for filing a construction lien claim prior to and after the 2011 amendments to New Jersey’s Construction Lien Law. Our construction attorneys represent contractors in construction law matters including but not limited to filing and/or defending against construction lien claims under New Jersey’s Construction Lien Law,
A recent decision in the case of
actors and building suppliers in the prosecution and defense of construction lien 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 a dispute is subject to arbitration or whether it may be litigated in court. Even more complex is trying to figure out which parts, if any, are covered by an arbitration in multi-issue disputes. New Jersey’s courts recently faced just this problem and issued an important precedential decision.