Often times, a subcontractor or general contractor may be left with no other option after attempting to collect funds from a general contractor or owner then to file a Construction Lien to collect these funds at some future time. The party filing the Construction Lien, however, should be careful to ensure that the Lien is not overstated and it is accurate in its entirety. While Construction Lien Law allows a contractor to file a Lien against a property, it is also favorable to the property owner if the Construction Lien is improperly filed, overstated, or contains incorrect information.
Continue Reading The Perils of Overstating a Construction Lien

In many construction contracts, the general contractor or the owner will often insert a “Paid When Paid” provision within the Contract which dictates when payment will be due to the general contractor or subcontractor. In the past, the Court’s had construed many of these “Paid When Paid” provisions as only controlling the timing of the payment to be made pursuant to the contract and not an absolute bar to payment being tendered.
Continue Reading Validity of “Paid When Paid” Provision

Under the New Jersey Tort Claims Act (the “Act” or “TCA”), N.J.S.A. 59:1-1 et seq., public entities are liable for their negligence only as set forth in the Act and in accordance with the fair and uniform principles contained therein. The TCA seeks to provide compensation to tort victims without unduly interfering with governmental functions and without imposing an excessive burden on taxpayers. The Act establishes sovereign immunity for public entities, but does not similarly shield public employees. Thus, with respect to public entities, immunity is the rule, and liability the exception. The analysis for determining public-employee liability under the Act differs from the analysis for determining public-entity liability.
Continue Reading Public Employee Immunity and the Tort Claims Act

This blog is the second in a series of blogs discussing the New Jersey Home Warranty and Builders’ Registration Act. This blog will discuss when the election of remedies provision is triggered. You can access previous installments of this series online here.
Continue Reading Why the Homeowner Warranty Program Remedy is no Remedy At All – Part 4

This blog is the second in a series of blogs discussing the New Jersey Home Warranty and Builders’ Registration Act. This blog will provide an overview of how to file a claim under the New Jersey Home Warranty and Builder’s Registration Act. You can access previous installments of this series online here.
Continue Reading Why the Homeowner Warranty Program Remedy is no Remedy At All – Part 2