» Construction Litigation

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. Read More
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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.… Read More
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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… Read More
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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. Read More
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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. Read More
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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. Read More
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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. Read More
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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. Read More
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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… Read More
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Limits on the Protection of a Personal Guarantee

Many of our clients require the unconditional personal guarantee of a company owner before entering into a contract. A personal guarantee is a good way to protect against the risk of default, but it is important to understand its limitations. Read More
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