Construction
Construction & Transition Litigation Law Blog Site
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
The Dollars and Sense of Transition Litigation – Retaining the Right Counsel
Posted in Construction
It may come as no surprise that litigation can be costly. Many times, potential claimants seeking to temper their litigation costs look for the least expensive counsel they can find. But in the end, are litigants truly saving money by focusing on the lowest hourly rate? Retaining the wrong attorney… Continue reading
Timing of Lien Claim
Posted in Construction
In general, it is well known that commercial construction liens must be filed within 90 days of the last date that a contractor provided materials and/or services for a project. Although this time may appear simple at first to calculate, contractors can often make a mistake concerning the last date… Continue reading
The Common Element Conundrum – When Common Elements Damage Unit Interiors
Posted in Construction
One of the most frequent hot button issues in condominium communities, particularly those with multi-residential buildings, is whether or not the association will pay to repair damage to a unit’s interior stemming from a defect or issue, such as a water leak, in the common elements. A condominium association has… Continue reading
Enforceability of Arbitration Clauses in a Construction Contract
Posted in Construction
In a recent matter before the appellate division, the Court discussed the enforceability of an arbitration clause in a construction contract where the clause did not contain a waiver of the right to file a state court action, nor a waiver of the right of a trial by jury. Furthermore,… Continue reading
Business, Interrupted
Posted in Construction
The economic situation for small businesses in America is dire. Following the widespread social distancing and stay-at-home orders, 7.5 million small businesses are now at risk of closing their doors permanently within the next several months if the coronavirus pandemic restrictions continue. The situation has business owners searching for ways… Continue reading
A Cautionary Tale: Resist the Impulse to Exert Pressure on Your Expert to Give Opinions They Don’t Really Believe
Posted in Construction
If your community association is involved in matters requiring the hiring of experts, including, but not limited to, transition-related issues, or in evaluating what to do about design and/or construction deficiencies, financial irregularities, or environmental concerns, among others, the association is going to need to engage one or more experts… Continue reading
What Can the Association Do About Damage From Water Infiltration Through Brick?
Posted in Construction
Brick is among the materials that are most commonly used as an exterior cladding material on condominiums and other residential buildings in New Jersey. If correctly installed and maintained, it will usually last for the life of the building without allowing water to penetrate inside the wall cavity where it… Continue reading
Factors to Evaluate in Deciding Whether the Cost of Litigation Is Worth the Likely Return on Investment
Posted in Construction
Your community association may become aware of significant transition, design, and/or construction defect claims. This awareness may come from the association receiving complaints from unit owners, or perhaps your property manager or a transition engineering inspection report will have visually identified issues of concern. Whatever the source of the Board’s… Continue reading
