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New Jersey Tightening the Screws on its Home Improvement Contractor Licensing Requirements

On January 8, 2024, the State of New Jersey enacted a new law, mandating additional licensing requirements for home improvement and home elevation contractors, with the aim of further protecting New Jersey homeowners and...more

New York Amends Its Law on Withholding of Retainage and Final Invoicing on Private Construction Projects

On November 17, 2023, Governor Hochul signed a bill placing significant restrictions on the amount of retainage that can be withheld from contractors and subcontractors, and permitting the earlier submission of final billing...more

New Jersey to Allow Private Code Inspectors to Pick Up the Slack

Are you a New Jersey property owner or developer being ignored by an overwhelmed municipal building code inspector? Well, New Jersey has just passed a law that will provide you – and local officials – with some relief....more

Litigation Pitfalls – An Illustration of Why Settlement Should Always be an Option

When does a claim for $50,000 against your business end up costing you two or three times that amount? When you lose the case you’re litigating, in full or in part, and you end up owing years of interest and attorneys’ fees...more

Filing a Lis Pendens in New Jersey? Proceed with Caution

On February 3, 2022, New Jersey’s Appellate Division issued a decision for publication addressing the scope of the common law litigation privilege and, among other things, whether that privilege attaches to the filing of a...more

Parties To Construction Contracts Should Exercise Caution When Allowing An Arbitrator To Change Hats Between Mediator And...

Dispute resolution provisions providing for mediation as a prerequisite to arbitration are standard in AIA construction contracts. Parties may nonetheless mutually agree to eliminate or waive those provisions and proceed...more

Murphy Turns Up “Dimmer Switch” And Re-Opens NJ Construction

New Jersey Governor Phil Murphy signed Executive Order #142 on Wednesday, May 13, 2020, permitting suspended non-essential construction projects to resume starting, Monday, May 18, 2020 at 6:00 a.m. In his briefing this...more

New Jersey Follows New York’s Lead In Limiting Construction To “Essential” Projects

Earlier this week, on Monday, we had reported that New Jersey was allowing, subject to proper distancing and safety measures, all construction projects within the State to proceed “as usual,” but that we believed New Jersey...more

Construction In New Jersey – Business As Usual… For Now?

New Jersey, like its sister state New York, has been overwhelmed in recent weeks with COVID-19 cases, and both states have responded in kind with a variety of “stay at home” executive orders in an attempt to reduce, as much...more

Execute Your NJ Construction Lien Properly Or Face Forfeiture

New Jersey’s Appellate Division has once again served a stark reminder to prospective construction lien claimants regarding who may validly sign a construction lien claim. The consequences of failing to properly execute a...more

Subcontractor Lien Claims “Salvaged” In New Jersey

Published cases examining the New Jersey Construction Lien Law (“CLL”) tend to be few and far between, but recently the Appellate Division issued a decision to be published, helping to further illuminate, albeit on a fairly...more

Contractors, Know Your Contracts!

Last week, New Jersey’s Appellate Division re-affirmed the principle that a court must strictly apply the terms of a construction contract when determining a dispute between contracting parties. Where the contract terms...more

NJ Courts Continue Expansion Of Insurance Coverage For Construction Defects: “Continuous Trigger” Doctrine Applied

New Jersey courts are continuing their trend of extending insurance coverage for third-party construction defect claims. Following last year’s NJ Supreme Court decision in Cypress Point Condo. Ass’n, Inc. v. Adria Towers,...more

The Critical Importance Of Properly Serving A Construction Lien Claim

So, you properly file your construction lien claim within the time allowed by the New Jersey Construction Lien Law (“CLL”), and then timely send out a copy of the lien by certified and ordinary mail to the address of the...more

Don’t Sleep on Your NJ Construction Lien Enforcement Deadline

So you’ve managed to successfully file a construction lien claim in New Jersey. Well, don’t then kick back and relax for too long, because if you fail to take action to enforce that lien claim within the limited time...more

Your Invaluable Mechanic’s Lien Rights – Exercise Them!

The right to file a mechanic’s lien is established by state statute, allowing those providing work, services, materials or equipment to a construction project with additional valuable security in the event of non-payment of...more

Government Contractors Not Protected by New Jersey Tort Claims Act’s Pre-Suit Notice Provisions

On April 14, 2016, the New Jersey Appellate Division, in a precedential decision, determined that injured parties are not obligated to serve pre-suit tort claims notices under the New Jersey Tort Claims Act (“TCA”) on private...more

The Battle Continues in Bid Protest Against Bergen County

Echoing down Main Street in Hackensack is the incessant and repetitive booming of the driving of piles into the ground on what was once the visitor parking lot next to the Courthouse and former jail. The pile driving is part...more

New Jersey Appellate Division Again Upholds Local Government’s Rejection of Lowest Bid

In our June 3, 2013 blog post, we discussed a decision of the New Jersey Appellate Division upholding a municipality’s rejection of the lowest bid for a waste hauling contract because it was determined to be a material,...more

7/30/2013  /  Bids , Municipalities , Waste Disposal

New Jersey Supreme Court Clarifies Site Suitability Criteria for Use Variance

It is fundamental that all applicants seeking to obtain a use variance from a municipal zoning board of adjustment under the Municipal Land Use Law (“MLUL”) must prove that they satisfy both the so-called “positive” and...more

Public Bidder’s Attempt “To Play Trump Card” Fails

In a recent unpublished opinion, New Jersey’s Appellate Division provides another reminder to contractors bidding on municipal contracts to timely challenge any portion of the bid specifications that may be improper or...more

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