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...
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.
The opinion in NRG REMA, LLC, et al. v. Creative Environmental Solutions Corp., addresses two important issues relating to the Construction Lien Law.
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.
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
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.
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.…
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.
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…
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.
