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Articles Posted in Construction Law

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New Jersey Construction Law Opinion Explains Elements of Construction Lien Law and Prompt Payment Act

The Appellate Division of the Superior Court recently issued an opinion illustrating several important points regarding construction liens under the New Jersey Construction Lien Law and collection of payment under the New Jersey Prompt Payment Act.   Background In that case, Prime Time Construction, LLC vs. Vimco, Incorporated, , Prime…

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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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New Jersey Construction Lien Law

Hi.  My name is Rob Chewning.  I am one of the attorneys here at McLaughlin & Nardi, LLC, who practices in the field of construction law.   We receive a lot of questions about construction liens. Constructions liens are a way in which to obtain a security interest in a property…

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New Jersey Construction Law: Words in Construction Contracts Mean What They Say

A recent New Jersey construction law opinion by the Appellate Division in the case of CNJ Construction Corporation vs. Autobuilders General Contracting Services, Inc. illustrates just how important the precise language in a construction contracts is, and just how important it is to have a well-written contract.   The Case…

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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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Third Circuit Court of Appeals Defines Standard for Finding “Willful” Violations of the Fair Labor Standards Act

Willful Violations Under The Fair Labor Standards Act The Federal Fair Labor Standards Act establishes rates of minimum wage and overtime pay which employers must pay to their employees.  Employees successfully suing their employers for violations of these requirements can recover their lost wages, and their employers will be required…

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New Jersey Appellate Division Issues Opinion on Apportioning Damages in Construction Law Consumer Fraud Cases

The Appellate Division of New Jersey’s Superior Court recently issued an important construction law decision examining the effect of New Jersey’s Consumer Fraud Act in cases also involving the breach of a construction contract or negligent construction.   By way of background, coverage under New Jersey’s Consumer Fraud Act was…

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Recent New Jersey Appellate Division Decision Examines The Amended Sections Of The Construction Lien Law

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…

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