Whether you are a general contractor or a subcontractor, you have probably come across a pay when paid clause within a subcontract or general contract. The idea of the clause is that the contractor or subcontractor would not be responsible for payment to a lower-tier contractor unless and until it has received payment pursuant to its contract with an upper-tier contractor or owner. While this is a good idea, the Courts have often found such provisions to be unenforceable.

Continue Reading Pay When Paid Clauses in Construction Contracts

In general, a contractor, subcontractor, or supplier is entitled to file a construction lien on a commercial project provided that the lien is filed within 90 days of the last date the entity provided materials or services with regard to the subject project. There are certain requirements, however, that must be met prior to being able to file a construction lien.

The first requirement is Continue Reading Your Right to File a Construction Lien on a Commercial Project

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 the lien claim or errors in the original form, or revising the amount claimed in the lien claim. Continue Reading Amending a Construction Lien Claim

In the United States, the general rule about legal fees is that each party to a lawsuit pays his or her own fees. However, like any rule, there are exceptions. In the event a contract specifically provides for the payment of legal fees, or a statute allows the recovery of legal fees, the prevailing party may apply to the court for reimbursement. There is no statute in New Jersey that allows recovery of legal fees for a successful tax appeal. The tenant may only recover the fees from a landlord if the lease expressly provides for such a recovery, or if the landlord separately agrees to pay them. As the parties learned in Crosspoint Developers v. Wegmans Food Markets, the express terms of the lease can lead to unforeseen results.

Lowes, as a tenant in a retail shopping center, filed a tax appeal and was successful in getting a reduction in the assessment. Since the appeal involved an entire retail center, all tenants received the benefit of Lowe’s efforts through a reduction in their pro rata shares of taxes.

Continue Reading Tenant’s Right to Legal Fees in a Successful Tax Appeal

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 so that the property is no longer encumbered.

Continue Reading Removing an Invalid Construction Lien

For those unaware, after a Lower Court makes a final decision in a family court case, either party has a right to appeal that decision to the Appellate Court. A Notice of Appeal must be filed, along with any other relevant documents, within 45 days of the date of the entry of the Judgment.

The Appeal is based on the record and no new information is to be transmitted to the Appellate Division, and no testimony will be heard. The Appellate judges will review the underlying Order or Judgment, the transcript of the proceeding in the Lower Court (a typewritten volume which includes everything that was said in the courtroom by the attorneys, parties, other witnesses, and the judge), and the briefs submitted by the attorneys in the case arguing their client’s positions.

Continue Reading Appeals of Family Court Judgments

As most people know, there has been an on-going feud between Taylor Swift and Kayne West. Last night, more fuel was added to the fire when Kayne’s wife, Kim Kardashian, went to Snapchat and posted recordings of a conversation between Ms. Swift and Mr. West which purport to show that Taylor was aware of off-colored lyrics in one of Mr. West’s songs, and gave her blessing to include before the album released. To date, Taylor denies giving such approval. Taylor went to her Instagram account soon after, writing: “That moment when Kanye West secretly records your phone call.”

Continue Reading Celebrities & Snapchat Feuds: Are Recording Phonecalls Legal?

Several months ago, I blogged about the Rodriguez v. Raymours Furniture Co., 436 N.J. Super. 305 (Super. Ct. 2014)case. The case addressed an important issue – whether or not an employee’s could enter an agreement to shorten the statute of limitations period from 2 years to six months to assert an employment discrimination claim pursuant to New Jersey’s Law Against Discrimination (LAD). Yesterday, the New Jersey Supreme Court held that the statute of limitations period could not be reduced by agreement. Continue Reading NJ Supreme Court Says Employees Can’t Agree to Shorten Statute of Limitations

As the dust settles on the legal battle between Apple and the F.B.I., businesses should take note of the many issues related to the privacy and confidentiality of electronically stored information. Though Apple arguably emerged victorious in refusing to create a backdoor for its security measures, the still unknown point of access utilized by the F.B.I. highlights the risk that electronically stored information is never truly secure. Data breaches at Sony, Home Depot, Target, and even within the federal government highlight this point.

Given their volume and value of data, businesses need to be particularly cognizant of the cyber-threats and nimble in response to cyber-attacks. However, it is not enough to simply recognize the threat posed by a cyber-attack. Businesses need to be prepared to act swiftly and effectively to prevent any further misappropriation or transmission of electronically stored information.

Continue Reading A Cyberlaw Preparedness Primer for Businesses