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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 is preferred. Although arbitration may have some advantages, there are also disadvantages which must be considered rather than simply adopting the AIA form. Continue Reading Should I Have an Arbitration Clause in My Construction Contract?

When an Executor named under a Last Will and Testament seeks to probate the Will of the Decedent, the original copy containing the original signatures of the Decedent must be submitted to the Surrogate’s Office. What happens, however, if the original copy with the original signatures cannot be located? Under such circumstances, the only option may be to seek to probate a copy of the original Will.

Continue Reading Probating a Copy of a Will

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

Should a person wish to file a Will contest, the first threshold issue which must be addressed is whether that person has standing to file a Will contest.

In general, “standing” means whether a Plaintiff legally has a right to bring a claim to contest a Last Will and Testament in the Court with jurisdiction to hear the matter. The spouse, child, or next of kin of the Decedent automatically have a right to file a Will contest, whether they are named within that instrument or not.

In addition to these family members, a beneficiary under a current or previous Will would also have standing to commence a Will contest. These individuals have standing to contest the current Will even though there may be no blood relationship between them and the Decedent. The rationale for granting these individuals standing is because if the disputed Last Will and Testament is invalidated by the Court, then the Court could require that the Decedent’s previous Last Will and Testament be admitted to probate. For a direct citation to the relevant Court Rule, you may refer to Rule 4:80-1 within the New Jersey Rules of Civil Practice and Procedure which governs standing to contest a Will.

Should a party wish to file a Will contest, they should consult with an attorney to assist them with the process. Standing is merely one factor to consider with regard to a party’s right to file the Will contest; however, it is a threshold issue.

In ruling upon the validity of a contested Last Will and Testament, there are numerous witnesses whom a Court may hear testimony from in deciding whether to invalidate the will. As is the case in any litigation, fact witnesses who possess relevant knowledge with regard to the facts and allegations set forth in the Complaint are essential witnesses. These witnesses may possess knowledge with regard to the mental status of the Decedent at the time the disputed Will was executed, the relationship that the Decedent shared with his family members, and other issues concerning the Decedent’s physical health and general appearance at the time the contested Will was executed.

In addition to fact witnesses Continue Reading Types of Witnesses During A Will Contest

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