Category Archives: Construction

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Should I Have an Arbitration Clause in My Construction Contract?

Posted in Construction

Although it is typical for AIA form contracts to contain arbitration clauses, as a contractor you should consider whether you should have an arbitration clause in your construction agreement. As discussed below, there are numerous factors to consider in determining whether mandatory arbitration is the preferred dispute resolution mechanism, or whether the state court system… Continue Reading

The Basics of Commercial Construction Liens

Posted in Construction

The purpose of this blog is to provide a general overview of the basics of filing commercial construction liens. It must be noted, however, that the procedure for filing a construction lien on a residential project is an entirely different process.

The New Jersey Prompt Payment Act

Posted in Construction, Litigation

While many contractors may not be aware of the existence of the New Jersey Prompt Payment Act, its application to construction litigation where payment is sought under either a general-contract or sub-contract is important to the industry.

Amending a Construction Lien Claim

Posted in Construction, Litigation

At times, it may become necessary to amend a construction lien claim after if it is initially filed. The relevant statutory authority which addresses this issue is codified by N.J.S.A. 2A:44A-11. In general, this section provides that a lien claim may be amended for any appropriate reason, including but not limited to, correcting inaccuracies in… Continue Reading

Removing an Invalid Construction Lien

Posted in Construction, Litigation

As the owner of a parcel of property, you might someday be faced with a scenario wherein a construction lien filed by a contractor who performed work for you was either improperly filed, or is simply invalid on its face. The issue becomes what is the proper way to remove and/or discharge this construction lien… Continue Reading

Making a Claim against a Payment Bond Posted by a General Contractor or Sub-Contractor

Posted in Construction, Litigation

In construction projects that are performed either on behalf of a municipality or a state agency, a general contractor and potentially a sub-contractor are typically required to post payment and/or performance bonds with the county or municipality. A general contractor or sub-contractor is required to post a payment and/or performance bond, because this ensures that sub-contractors… Continue Reading