New Jersey Construction Law Frequently Asked Questions

At McLaughlin & Nardi, LLC, our New Jersey construction lawyers represent contractors, subcontractors, suppliers, project managers, owners, architects and engineers in all areas of construction law. Here are some frequently asked questions about New Jersey construction law.

• What is construction law?
  Construction law refers to the laws, regulations and case law that guide the construction industry. It encompasses a wide range of issues including contract law, construction liens, construction defects, breach of construction contracts, litigation, arbitration, mediation, appeals, bonds and bonding, collection, guarantees and sureties, construction claims, and related consultancy contracts.
• Who needs a New Jersey construction lawyer?
  New Jersey construction law is complex.  Therefore, any party involved in the construction process may need a construction lawyer. This includes property owners, developers, project managers, contractors, subcontractors, suppliers, architects, and engineers.
• What types of disputes can arise in construction law?
  Disputes can range from contract issues, project delays, cost overruns, payments, liens, bond claims to disputes over the quality of work, financing, collection, and more.
• What is a construction contract?
  A construction contract is a legally binding agreement between parties involved in the construction process, outlining the scope of work, cost, and timeline of the project.
• What should a construction contract include?
  A construction contract is a complex document which should include details such as the scope of work, project timeline, cost and payment terms, dispute resolution procedures, the right to cure defects, and termination clauses.  There are very specific requirements which must be included in contracts for residential home improvement projects.
• How can a New Jersey construction lawyer help?
  A construction lawyer can assist in negotiating and drafting contracts, advising on legal regulations, resolving disputes, and representing owners, contractors, subcontractors, suppliers and owners in litigation, mediation, and arbitration.
• What is a construction lien?
  A construction lien is a legal claim made by contractors or subcontractors who have not been paid for their work, allowing them to secure payment from the owner by receiving an interest in the property itself which, if successful in a subsequent lawsuit, will allow them to obtain payment through their right in the property.
• What is the New Jersey Construction Lien Law?
  The New Jersey Construction Lien Law allows contractors, subcontractors, and suppliers who have not been paid for their work to place a lien on the property.  The requirements necessary to acquire a lien under the New Jersey Construction Lien Law are quite technical and failure to follow them will defeat a lien claim.
• What is a construction defect?
  A construction defect is any aspect of the construction which was wrongfully performed such as structural issues, faulty design, improper materials or poor workmanship.
• What is construction litigation?
  Construction litigation involves legal disputes related to construction projects. These can arise from contract disputes, construction defects, delay claims, failure to pay, and more.  They are resolved through discovery and ultimately trial in state or federal court.
• What is construction arbitration?
  Construction arbitration is a method of dispute resolution where an impartial arbitrator makes a decision in a private hearing, similar to a trial but less formal, on a dispute rather than a court.
• What is a change order in construction?
  A change order is a document used in construction projects to record changes to the original contract, such as changes in scope, price, work, additions or scheduling.
• What is the New Jersey Prompt Payment Act?
  The New Jersey Prompt Payment Act requires timely payment for construction work in New Jersey. It provides deadlines for when payments must be made to contractors and penalties for late payments.
• What is the difference between a general contractor and a subcontractor?
  A general contractor has a contract with the owner and oversees the entire construction project, while subcontractors are hired by the general contractor to perform specific tasks in subspecialties such as masonry, electrical, HVAC, roofing, structural steel or carpentry.
• What is a construction permit?
  A construction permit is a document issued by a local government agency that grants permission for construction work to begin on a property.

If you have any other questions about New Jersey construction law, or if you need legal assistance, please call McLaughlin & Nardi, LLC at (973) 890-0004 or fil out the contact form on this page.  We can help.