New Jersey Construction and Litigation Blog

Are Forum Selection Clauses Enforceable in New Jersey?

April 9th, 2018
Posted By
Terel L. Klein
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
Posted By
Terel L. Klein
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
Posted By
Terel L. Klein
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

Defamation Claims in New Jersey

November 10th, 2017
Posted By
Terel L. Klein
Although an imperfect remedy, one of the few actions someone who has been defamed can take is filing a lawsuit against the persons responsible for the wrongful statement in order to vindicate the harmed person’s reputation. Read More
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Categories: Civil Litigation
Tags: Defamation, Libel, Nominal Damages, Presumed Damages, Punitive Damages, Slander, Statutes of Limitation

Clarification on New Jersey Time to Sue for Construction Defect

October 3rd, 2017
Posted By
Terel L. Klein
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
Posted By
Terel L. Klein
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
Posted By
Terel L. Klein
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
Posted By
Terel L. Klein
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

Demanding an Accounting to Protect Your Rights as a Beneficiary

July 21st, 2017
Posted By
Terel L. Klein
In New Jersey, any individual with an interest in an estate is entitled to receive an accounting from the person responsible for managing and distributing the estate. Read More
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Categories: Estate Litigation, Probate Litigation
Tags: Accounting, Estates, Fiduciary, Probate

Assignment for the Benefit of Creditors - Defenses to Preference Suit By an Assignee

April 26th, 2017
Posted By
Terel L. Klein
When our clients are sued by an assignee it is often because our client’s former customer has made an "assignment for the benefit of creditors" authorizing a person or entity to sue our client to obtain payments the customer made to our client. Read More
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Categories: Commercial Litigation
Tags: Assignment for the Benefit of Creditors, Bankruptcy, Creditor's Rights, Preference
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