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Construction Law Signal

Insights & Information on Current & Emerging Developments affecting the Construction Industry

Category Archives: New Jersey

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A Deal on New Jersey's Transportation Trust Fund: What Does it Mean for Affected Contractors?

Posted in Construction, New Jersey, Transportation
As a follow-up to our July post on New Jersey state budget problems threatening public construction projects, the political fight over funding New Jersey’s Transportation Trust Fund (“TTF”) finally ended on September 30, 2016. Governor Chris Christie and the legislature agreed to a  compromise whereby the TTF will be reauthorized for eight years and funded… Continue Reading

NJ Supreme Court Gets it Right! Consequential Damages Caused by a Subcontractor's Defective Construction Work is Insured

Posted in Construction, Insurance, New Jersey
[Note from the Editor: Due to an inadvertent editing error, omitted from our post entitled NJ Supreme Court Gets It Right! Consequential Damages Caused By A Subcontractor’s Defective Construction Work Is Insured was the fact that the property damage at issue occurred after the project was completed.  The insurance coverage at issue in the case… Continue Reading

State Budget Problems Threatening Public Construction Projects: 5 Key Points to Remember

Posted in Construction, New Jersey, Pennsylvania
Over the past year, many states experienced budget crises that threaten public works spending and, in some cases, caused entire project shut downs. In Pennsylvania, a stalemate over the budget for Fiscal Year 2016-2017 lasted almost nine months, causing companies and non-profit grant recipients who had contracts with the Commonwealth to suspend their services or… Continue Reading

Beware: New Rigorous Safety Sweeps of NYC Construction Sites to Begin

Posted in Compliance, Construction, New Jersey, New York
On February 12, 2016, New York City Mayor Bill de Blasio and New York City Department of Buildings Commissioner Rick Chandler announced a new aggressive campaign to improve worker safety on construction sites. Specifically, commencing next Tuesday, February 16, rigorous safety sweeps of constructions sites ten stories or less are expected to be performed. Doubtlessly,… Continue Reading

New Jersey Supreme Court to Consider Important Public Bidding Case – Practical Considerations for Contractors

Posted in Bidding, New Jersey
In April, the New Jersey Supreme Court agreed to review the case of Waste Management of New Jersey, Inc. v. Mercer County Improvement Authority.  The matter concerns a defect in a bid submitted under the New Jersey Public Contracts Law (“LPCL”).  This case proves, yet again, that it is critical to pay close attention not… Continue Reading

Recent New Jersey Supreme Court Case Drastically Affects Mediation: What You Need to Know

Posted in Anthony Byler, Kathleen Morley, New Jersey
In the construction industry, mediation has become an extremely popular vehicle for resolving disputes that develop during and after projects. It is particularly appealing because (i) it can provide an early opportunity for the parties to resolve a case in lieu of more protracted and expensive litigation and (ii) if the case does not resolve,… Continue Reading

New Jersey Supreme Court Sheds Light on Liability for Latent Construction Defects

Posted in Daniel Fierstein, Jonathan Cass, New Jersey
A few weeks ago, the New Jersey Supreme Court issued a decision that could have a profound effect on members of New Jersey’s construction community.  In Town of Kearny v. Louis F. Brandt, the Court issued two major holdings: (i) under New Jersey’s Statute of Repose, an architect with construction administration responsibilities cannot be sued… Continue Reading

SBA Resource Partners Receive $19 Million to Support Hurricane Sandy Small Business Recovery Efforts

Posted in New Jersey, New York, Pennsylvania, Peter Plevritis, Shawn Farrell
On April 11, 2013, the United States Small Business Administration (SBA) announced that $19 million in grants will be made to SBA resource partners to support small business recovery in the wake of Hurricane Sandy. The funding is part of a package approved by Congress in January to meet the demand for expanded SBA assistance… Continue Reading

Rebuilding in New Jersey after Superstorm Sandy? Make Sure you Comply with the New Rules Regarding Construction in a Flood Zone

Posted in Jennifer Budd, Jonathan Cass, New Construction, New Jersey
In January, Governor Chris Christie signed an Executive Order and proposed emergency regulations to guide the rebuilding process after Superstorm Sandy in flood prone areas of New Jersey.   Before the storm, the building code and flood-proofing regulations in the state were based on flood maps adopted by the New Jersey Department of Environmental Protection (“the… Continue Reading

Protecting Supplier Lien Rights in New Jersey - Follow the Money

Posted in Anthony Byler, Liens, New Jersey
By: Tony Byler and Daniella Gordon Suppliers frequently provide supplies on lines of credit to contractor customers who are involved in multiple construction projects.  In an ideal world, both the customer and the supplier would maintain accounting records keeping each construction project and the payments attributable to those construction projects separate and accurate.  Out of… Continue Reading

Potential for Design-Build Bidding At the New Jersey Turnpike Authority - What You Need to Know

Posted in Contract, Daniel Fierstein, Design and Technology, George Pallas, Jennifer Budd, New Jersey
By: Jennifer R. Budd and George E. Pallas A bill allowing the New Jersey Turnpike Authority (“NJTA”) to enter into design-build contracts has been introduced in the New Jersey Assembly (A1561) and the Senate (S1211). The NJTA is the entity charged with maintaining and implementing capital improvements on the New Jersey Turnpike and the Garden State… Continue Reading

Measures to Prevent Damages in the Aftermath of Hurricane Sandy

Posted in Jennifer Budd, Lane Kelman, New Jersey, New York, Pennsylvania
By: Lane F. Kelman and Jennifer R. Budd Cohen Seglias hopes that you, your friends and family made it through hurricane Sandy unharmed and without great loss. This storm caused billions of dollars of damage up and down the Northeast Corridor and will have widespread implications. Understanding the different interests and factors at play is paramount… Continue Reading

The Check's In the Mail? In New Jersey, You'd Better Mean It

Posted in Construction Fraud, Jennifer Budd, New Jersey, Robert Ruggieri
Separate but commonly owned or related companies are common place in the construction industry. It is also common for contractors to get squeezed by late or nonpaying owners and/or subcontractors demanding payment for work performed. A recent case in New Jersey highlighted the pitfalls contactors and their owners can fall into in these situations, and… Continue Reading

Primer Piece - "No Damage for Delay" Clauses

Posted in Contract, Jennifer Horn, Maryland, New Jersey
By: Jennifer M. Horn As part of an ongoing series, Construction Law Signal will examine basic construction contract clauses and offer tips for navigating the nuanced arena that is the negotiated construction contract. “No Damage for Delay” Clauses On Public Projects: In the Mid-Atlantic Region, Geography Matters A “No Damage for Delay” provision is a… Continue Reading

New Jersey Employer Alert: New Posting Requirement Effective November 7, 2011

Posted in Labor & Employment, New Jersey
By: Melissa C. Angeline On November 7, 2011, the New Jersey Department of Labor and Workforce Development (DOL) released a new 6-page workplace notice for all New Jersey employers. The Employer Obligation to Maintain and Report Records Regarding Wages, Benefits, Taxes and Other Contributions and Assessments Pursuant to State Wage, Benefit and Tax Laws, contains… Continue Reading

Proposed Legislation to Address Decreased Value of Solar Renewable Energy Credits In New Jersey

Posted in Energy, New Jersey
By: Christopher Soper and Lane Kelman Recently New Jersey State Senator, Bob Smith (D., Middlesex), chairman of the Senate Environment and Energy Committee, explained that New Jersey has “done such a good job at stimulating solar that the market is now crashing.” In order to address this problem, Smith sponsored Senate Bill S2371 (Bill S2371) that… Continue Reading

Too Much of a Good Thing Damages the Value of Solar Certificates in Pennsylvania and New Jersey

Posted in Energy, New Jersey, Pennsylvania
Over the past couple of years the solar industry has thrived in Pennsylvania and New Jersey due to federal and state programs that have provided hundreds of millions of dollars in incentives. These programs are necessary for solar energy to compete in electrical markets. One program, utilized by both Pennsylvania and New Jersey, is a… Continue Reading

For Contractors Bidding on Public Jobs in NJ: Court Clarifies "Aggregate Rating"

Posted in Bidding, New Jersey
If you are a contractor bidding on public projects in New Jersey, a recent NJ case sheds light on an aggregate rating requirement which, if violated, could cause your bid to be disqualified. What Are Aggregate Rating Requirements Under NJ Law? Most NJ contractors who bid on public projects are aware that their company’s “Aggregate… Continue Reading

New Jersey Considering Leasing Portions of the Continental Shelf to Wind Power Developers

Posted in Energy, New Jersey
The State of New Jersey, in conjunction with the Bureau of Ocean Energy Management, Regulation and Enforcement (BOEMRE), is exploring the possibility of leasing portions of the continental shelf to wind power developers and studying the feasibility of large scale, offshore wind farms. BOEMRE is a federal agency within the Department of the Interior that is… Continue Reading

Mid-Atlantic Construction Update

Posted in Jobs, Maryland, New Construction, New Jersey, Pennsylvania
Pennsylvania: PNC Financial Services Group (PNC) is moving its headquarters to Pittsburgh. PNC, which is the largest bank in Pennsylvania, plans to build a $400 million “green” office structure in downtown Pittsburgh, which will create 2,500 construction jobs. The new skyscraper, which is to be about 40 stories high and 800,000 square-feet, will be PNC’s… Continue Reading

These (Construction) Boots Were Made for Walkin' (Across State Borders)

Posted in Delaware, Design and Technology, Maryland, New Jersey, New York, Pennsylvania, West Virginia
For an increasing number of contractors, survival in the current economy has resulted in the need to find and secure work in other states. The migration of contractors to neighboring states is apparent throughout the country. Besides the work itself, benefits of an expanded geographic footprint include a broader client base, thereby creating mutually beneficial… Continue Reading

New Jersey to Spend $800M on Turnpike Upgrades

Posted in New Construction, New Jersey
New Jersey Turnpike officials recently announced that they expect to advertise approximately $800 million in Turnpike related construction projects to be completed by February 2012. The projects will include road widening, bridge deck, resurfacing, sign structures, and other types of road upgrades. Next year, New Jersey Turnpike officials anticipate advertising approximately $1 billion in similar… Continue Reading