Construction Law

Our attorneys represent contractors, subcontractors and business owners in construction law matters.  We believe our wide range of expertise allows us to provide invaluable advice and representation.  We view our clients as partners in every matter; we approach every issue with them as a team.

Contracts are vitally important in construction projects because they set out all the terms of the project, and go far beyond what work is to be preformed and how much the contractor is going to be paid.  A well-drafted contract is the best way to avoid future disputes and litigation, and to ensure payment. It is therefore vitally important to have a good attorney on your side.  Our attorneys are experienced at drafting and negotiating clients which protect our clients on construction projects.

One of the most important preventative measures we perform in drafting contracts is ensuring that they comply with the Department of Community Affairs regulations concerning the New Jersey Consumer Fraud Act.  Other important clauses include indemnification provisions and having the owner or general contractor pay for the costs of collection and attorneys fees if payment is not made.  Of course, all of these terms are subject to negotiation, and often times the contractor must weigh the value of the job versus the value of fighting over a particular contract term.  

Our attorneys make aggressive use of the many legal means available to collect payment for work done on construction projects.  This starts with drafting contracts which contain enforcement provisions and shift the costs of collection to the non-paying customer.  We try to negotiate for prompt payment, but when that fails, we will institute suit and aggressively litigate on our clients’ behalf.

New Jersey’s Prompt Payment Act  is one of the tools we use to collect unpaid accounts receivable.  The Prompt Payment Act was enacted by the New Jersey Legislature in 2006 to help construction contractors to get paid on ongoing projects.  It is another of the tools we use to aggressively ensure contractors get paid what they are due.

Another tool we use aggressively to help contractors recover what they are due is the  construction lien.  The New Jersey Legislature has provided for the filing of construction liens (which used to be known as “mechanics liens”) as another means for helping hard-working contractors who have performed their work to be able to obtain payment.  The requirements of New Jersey’s Construction Lien Law are quite complicated, however, and the consequences for misfiling are severe.  It is therefore important to have an experienced New Jersey construction lawyer assisting you.  Our construction attorneys have significant experience in filing construction claims.  We are also have significant experience representing general contractors, subcontractors and owners in litigation over construction liens.

Our attorneys handle a wide range of construction litigation, from disputes over payment and failure to perform, to breach of contact and construction defect litigation, to wrongful discharge and wage and hour disputes, to claims over New Jersey’s Consumer Fraud Act.  We handle bond claims and insurance coverage disputes.  Our attorneys have significant experience representing contractors, sub-contractors, vendors and project owners in construction litigation.

Our construction lawyers are experienced at handling all forms of alternative disputes resolution (“ADR”) in construction disputes.  We have tried multiple construction arbitrations in the American Arbitration Association (“AAA”), and have mediated many construction matters.  Indeed, Maurice W. McLaughlin is a certified mediator appointed by New Jersey’s Superior Court to resolve construction lawsuits.  Likewise, we are experienced at drafting mediation and arbitration provisions in construction contracts which are enforceable under New Jersey construction law.

Our employment attorneys handle all aspects of employment law including, for example, wage and hour litigation, disputes over the classification of workers as employees or independent contractors, and harassment and wrongful discharge litigation.  Wage and hour disputes in the construction industry are especially important, because the New Jersey Construction Industry Independent Contractor Act can impose criminal liability.  Our employment lawyers are experienced in all aspects of employment  law, and have been widely published in this area.

The Department of Consumer Affairs has adopted strict regulations applying New Jersey’s Consumer Fraud Act to home improvement contractors, particularly with regard to registration of contractors and the required contents of contracts for home improvements.  The regulations are very detailed, strictly enforced, and have severe penalties.  Our construction attorneys have significant experience helping contractors comply with these consumer fraud regulations by registering contractors with the DCA and drafting compliant contracts (both very important to getting paid), and in defending them against claims of consumer fraud.

To contact one for our attorneys regarding construction law issues, please e-mail us or call (973) 890-0004.