Construction
Construction & Transition Litigation Law Blog Site
Spring Maintenance Practices for Community Associations
Posted in Community Associations, Construction, TRANSITION
Spring is in the air (for now it seems in New Jersey)! Birds are singing, flowers are blooming, and homeowners are emerging from hibernation to tackle their home maintenance projects. For community associations, spring is a crucial time to ensure that Common Elements and areas are properly maintained to avoid… Continue reading
Proposed Bill Would Require All Commercial Liability Insurance Policies Issued In New Jersey to Specify Coverage For “Faulty Workmanship”
Posted in Construction
Assemblyman Gary S. Schaer of New Jersey’s 36th District introduced a proposed bill, A.B. 1075, that would require all commercial liability insurance policies issued in New Jersey to include “faulty workmanship” within the definition of “occurrence.” The proposed bill “provides that a commercial liability insurance policy shall not be delivered, issued,… Continue reading
Proposed Bill Would Require All Commercial Liability Insurance Policies Issued In New Jersey to Specify Coverage For “Faulty Workmanship”
Posted in Community Associations, Construction
Assemblyman Gary S. Schaer of New Jersey’s 36th District introduced a proposed bill, A.B. 1075, that would require all commercial liability insurance policies issued in New Jersey to include “faulty workmanship” within the definition of “occurrence.” The proposed bill “provides that a commercial liability insurance policy shall not be delivered, issued,… Continue reading
In The Wake Of The Surfside Tragedy Fannie Mae And Freddie Mac Issue “Temporary” Requirements For Condominiums And Cooperatives
Posted in Construction
The collapse of the Champlain Towers South in Surfside, Florida, in June 2021, sent shockwaves throughout the United States and was a wake-up call to condominiums to the dangers of aging infrastructures. In light of this tragic event, secondary mortgage market giants, Fannie Mae and Freddie Mac have issued bulletins… Continue reading
New Bill Clarifies Statute of Limitations For Community Association Transition Litigation Matters
Posted in Construction
On Tuesday, January 18, 2022, Governor Murphy signed into law Senate Bill 396, which automatically tolls (i.e. pauses) the 6-year Statute of Limitations for construction defect claims by condominium and/or homeowner associations and cooperative corporations until the first election when unit owners take majority control of the association board (“Transition”). Although… Continue reading
Counsel Fees Under the Prompt Payment Act
Posted in Construction
If you are a general contractor or subcontractor, you should know the New Jersey Prompt Payment Act. In general, the purpose of this Act is to encourage prompt payment to contractors for the materials and services they provide on a project by imposing potential sanctions, including counsel fees, should payments… Continue reading
Lien Waivers and Their Effect on Receiving Payment
Posted in Construction
In a recent appellate division decision, the appellate court discussed the effect lien waivers might have on a subcontractor’s right to receive payment in full for the work it performed. In this matter, the plaintiff subcontractors had performed all of their obligations under the contract, however, they had also signed… Continue reading
Is a New Statute of Limitations on the Horizon for Community Association Construction Defect Claims?
Posted in Construction
Under New Jersey’s current statute of limitations, N.J.S.A. §2A:14-1, all construction defect claims, i.e. property damage claims, must be filed within six years from when the potential claimant knew or should have known he or she had a claim. Tempered only by the equitable doctrine referred to as the “discovery… Continue reading
Construction Defects and New Jersey’s Statute of Limitations – When to File Suit
Posted in Construction
This week the New Jersey Appellate Division issued its Order and Opinion in the case of Collins v. PJW Servs., 2021 N.J. Super. Unpub. LEXIS 1556. Plaintiffs owned a home in Haddonfield, New Jersey, and wanted to add an extension, including a second story. Plaintiffs retained the services of an… Continue reading
Read Before You Proceed – A Cautionary Tale at the Crossroads of Technology and Construction
Posted in Construction
COVID-19 unquestionably changed the world in countless ways. One of the most significant is that it forced everyone online, from our youngest to our most elder. Those who resisted the lure of online shopping or social interactions pre-COVID were thrust into the jungle of the internet, likely forever captured by… Continue reading
