» Construction Litigation

Pay When Paid v. Pay if Paid in New Jersey

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...

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

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

Clarification on New Jersey Time to Sue for Construction Defect

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.…

Filing a Lien Against a New Jersey Public Construction Project

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…

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

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.

Filing a Residential Lien for Construction in New Jersey

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.

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

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.

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

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.

Why Construction Liens Are An Effective Way to Get Paid

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.

Time to Sue on a Construction Lien

What You Can Do If You’ve Filed a Construction Lien and Have Not Gotten Paid Suppliers and contractors file construction liens pursuant to the New Jersey Construction Lien Law in the hope that it will result in swift payment of their claims in…

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