New Jersey Construction and Litigation Blog

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

Responding to an Order to Show Cause in Probate

March 29th, 2017
Posted By
Terel L. Klein
You have received an order to show cause signed by a New Jersey probate judge or general equity judge. What should you do? This post aims to answer that question. Read More
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Categories: Estate Litigation, Probate Litigation
Tags: Chancery, General Equity, Orders to Show Cause, Probate Part, Temporary Restraints

Comply With the Consumer Fraud Act if You Want to Get Paid

March 17th, 2017
Posted By
Terel L. Klein
Even if a contractor is confident in the quality of his or her work and does not fear suit from customers, a contractor that wants to ensure he gets paid for his work should make sure he complies with New Jersey’s Consumer Fraud Act. Read More
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Categories: Construction Litigation
Tags: Collections, Consumer Fraud Act, Contracts

Filing a Residential Lien for Construction in New Jersey

February 2nd, 2017
Posted By
Terel L. Klein
The residential lien process involves additional steps that a contractor must complete in order to protect construction lien rights. This post addresses the process for filing a construction lien in New Jersey against private residential property. Read More
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Categories: Construction Litigation
Tags: Construction Liens, Mechanic's Liens, Notice of Unpaid Balance, Payment Disputes, Residential Liens

Can I Walk Off a Construction Project If I Don't Get Paid?

January 30th, 2017
Posted By
Terel L. Klein
The Act’s inclusion of a fee shifting provision gives prime contractors an incentive to invest in suit against an owner who has refused to comply with the Act despite performance by the prime contractor. Read More
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Categories: Construction Litigation
Tags: Collections, Construction Disputes, Contract Disputes, Prompt Payment Act

What is a Notice of Unpaid Balance and Right to File Lien?

January 13th, 2017
Posted By
Terel L. Klein
The Notice of Unpaid Balance is an additional step that an unpaid supplier or contractor must take to protect their right to obtain payment through the sale of residential property. Read More
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Categories: New Jersey Construction Liens
Tags: Construction Liens, Notice of Unpaid Balance, NUB

Why Construction Liens Are An Effective Way to Get Paid

December 13th, 2016
Posted By
Terel L. Klein
A construction lien can be used to force the sale of the real estate on which a construction project is located. The proceeds from the forced sale may be used to pay the person or entity who filed the construction lien. Read More
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Categories: Construction Litigation, New Jersey Construction Liens
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