New Jersey Construction and Litigation Blog

Pay When Paid v. Pay if Paid in New Jersey

August 24th, 2018
The key to differentiating between the two types of payment clauses is whether or not the language in the payment provision is absolutely clear that the risk of nonpayment is being transferred downstream... Read More
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Categories: Construction Litigation, Contracts
Tags: Construction Contracts, Construction Disputes, Construction Litigation, Pay If Paid, Pay When Paid

Docketing a Foreign Judgment in New Jersey

June 11th, 2018
In New Jersey, the Uniform Enforcement of Foreign Judgments Act, N.J.S.A. 2A:49A-25 et seq., dictates the procedure for docketing an out of state judgment, referred to as a “foreign” judgment, in New Jersey. Read More
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Categories: Collections
Tags: Commercial Collections, Judgment Enforcement, Judgments

New Jersey’s Construction Lien Law Interpreted in Recent Appellate Division Opinion

May 25th, 2018
The opinion in NRG REMA, LLC, et al. v. Creative Environmental Solutions Corp., addresses two important issues relating to the Construction Lien Law. Read More
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Categories: Appeals, Construction Litigation, New Jersey Construction Liens
Tags: Construction Liens, Construction Litigation

Are Forum Selection Clauses Enforceable in New Jersey?

April 9th, 2018
Forum selection clauses are generally enforceable in New Jersey. In New Jersey, the enforceability of forum selection clauses is governed by requirements of notice and reasonableness. Read More
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Categories: Commercial Litigation
Tags: Contracts, Forum Selection, Venue

New Jersey's Uniform Fraudulent Transfer Act

February 8th, 2018
If a judgment debtor has intentionally placed money or assets outside of your reach with the purpose of preventing you from collecting your judgment you may have recourse against the debtor under the Uniform Fraudulent Transfer Act Read More
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Categories: Commercial Litigation
Tags: Fraudulent Conveyance, Fraudulent Transfer, Judgment Collection, UFTA

Undue Influence Claims in New Jersey

December 5th, 2017
Undue influence may manifest itself in the physically or mentally unwell person being made to sign a will, power of attorney, deed, beneficiary designation or other document that is otherwise inconsistent with their intentions. Read More
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Categories: Chancery Litigation, Estate Litigation, Probate Litigation
Tags: Burden of Proof, Deeds, Fraud, Testamentary Capacity, Undue Influence, Wills

Clarification on New Jersey Time to Sue for Construction Defect

October 3rd, 2017
The New Jersey Supreme Court clarified that the 6 year period for a property owner to sue based upon a construction defect begins “the date that the plaintiff knows or reasonably should know of an actionable claim against an identifiable defendant.… Read More
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Categories: Construction Litigation
Tags: Construction Defect Litigation, Construction Defects, Statute of Limitations, Statute of Repose

A Landlord’s Response to Tenant Disability Discrimination Claims

September 22nd, 2017
When landlords and tenants cannot agree on how to resolve a disabled tenant’s request for an accommodation, a tenant may file a complaint with New Jersey’s Division of Civil Rights in the Office of the Attorney General. Read More
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Categories: Civil Litigation
Tags: Disability Discrimination, Housing Discrimination, Landlord

Filing a Lien Against a New Jersey Public Construction Project

August 30th, 2017
In New Jersey, a contractor or subcontractor cannot file a lien against a public entity under the Construction Lien Law. However, they can file a lien against counties, municipalities and other public entities under the Municipal Mechanics’ Lien La… Read More
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Categories: Construction Litigation, New Jersey Municipal Mechanic's Liens
Tags: County Projects, Municipal Mechanic's Lien, Municipal Mechanic's Lien Law, Public Projects, State Projects

Forcing the Sale of Real Estate in New Jersey

August 14th, 2017
The unique nature of most real estate also means that monetary compensation alone may be insufficient to compensate for any damages...the only way to fairly compensate the buyer for the seller’s failure to sell the property may be forcing a sale. Read More
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Categories: Chancery Litigation
Tags: Chancery, General Equity, Specific Performance, Statute of Frauds
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