Frequently Asked Questions (FAQ's)

Frequently Asked Questions (FAQ's) What Type of Contractors Do You Represent?

We represent virtually all types of contractors, sub-contractors and small businesses. Examples of representative clients can be found here. We represent New Jersey Contractor’s and subcontractors, and contractors throughout the Northeast.

What Type Of Experience Do Your Attorneys Have?

Our attorneys have decades of experience practicing law in New Jersey and New York. We have represented businesses of all types in a wide range of matters, including litigation, negotiations, planning, transactions and advice. Our attorneys are recognized experts in their fields: for instance, Frank Nardi is the past president and vice president of the Accounting, Financial and Tax Professionals Society of New Jersey. Maurice McLaughlin is the author of several books on employment law, and numerous published articles on business law, commercial litigation and employment law. Our attorneys have worked and interned for judges in New Jersey and New York and state and local government. We have held leadership positions in professional and community organizations.

Do You Help Businesses Get Started?

Yes. Our attorneys help contractors and small business persons begin and form businesses. We help the owners decide what type of business entity is right for them, such as a corporation, limited liability company (LLC) or a partnership; this entails tax and liability considerations. We also help owners draft agreements which define their rights and responsibilities – we have found that this is one of best ways to ensure harmonious relations among the owners, which helps ensure a smooth running business.

Do You Handle Litigation For Contractors And Small Businesses?

Yes. Our attorneys have significant experience in litigating cases for contractors and small businesses in New Jersey’s courts, at the state and federal level, and throughout the Northeast.

What Types Of Litigation Do You Handle For Contractors And Small Businesses?

We handle litigation throughout the entire spectrum of a business’s life. We handle breach of contract litigation with vendors, suppliers, customers, and general and sub-contractors. We handle litigation with current and former employees. We defend businesses against charges of failure to perform work or fraud. We litigate disputes between the owners. We handle insurance coverage disputes. We represent businesses in tortuous interference litigation

Do You Handle Alternative Dispute Resolution (“ADR”)?

Yes. We handle all sorts of ADR. We have handled many mediations and arbitrations on a wide range of matters. Indeed, Maurice McLaughlin, head of our litigation and ADR practices, is regularly appointed as a mediator by New Jersey’s Superior Court to resolve lawsuits there.

Do You Do Transactional Work?

Yes, we represent business owners on a wide range of transactions. For example, we negotiate and draft contracts for contractors and small businesses for use with their customers, vendors, employees, project owners, and general and subcontractors. We handle formations of businesses and agreements between the owners. We represent buyers and sellers of businesses. We represent buyers and sellers of commercial real estate, and commercial landlords and tenants.

Do You Practice Contract Law?

Yes, we negotiate and draft contracts for contractors and small businesses. Our attorneys also handle a wide range of contract litigation in New Jersey’s state and federal courts, and in arbitration, including arbitration in the American Arbitration Association.

Do You Help Contractors and Small Businesses Get Paid for Their Work?

Yes, we do. We do this in several ways. First, we negotiate and draft contracts which provide for enforcement and penalties (such as interest and attorneys fees) if prompt payment is not made. We pursue debtors to attempt to obtain payment without resort to litigation. If litigation is necessary, we institute suit on behalf of our small business clients, and make aggressive use of illegal means to enforce judgments to seize assets to pay these debts. Where the law provides, such as on construction projects and automotive repairs, we assert liens on our clients’ behalf. We also pursue debts in bankruptcy court.

Do You Help Small Businesses And Contractors In Employee Relations And Employment Law?

Yes. Our attorneys have significant experience and expertise in employment law. In fact, Maurice McLaughlin has written books on the subject. We help employers with their employee relations by, for example, negotiating employment and severance agreements with key employees, and drafting employment policy manuals and hand books. We defend employers who have been sued by their employees for discrimination, wrongful discharge and harassment.We help employers make sure they are not violating wage and hour laws, and defend them when they are accused of violations.

Do You Help Small Businesses With Tax Issues?

Yes. Our attorneys have significant tax and finance experience. Frank Nardi, for example, is a licensed certified public accountant (CPA) and certified financial planner (CFP), in addition to being an experienced lawyer. He is licensed in all three practices in New Jersey and New York. This allows us to provide expert tax planning advice to businesses. Additionally, we represent contractors and small businesses in disputes with governmental taxing authorities. For example, we defend companies who are charged with misclassifying workers, and failing to pay sales or payroll taxes.

Do You Represent Businesses And Contractors In Financial Difficulty?

Yes. We negotiate with creditors, defend businesses in suits for alleged failure to pay debts, and assert defenses such as the defense that the creditor failed to meet its obligations under the relevant agreements. When businesses are in extremis, we represent the businesses in seeking Chapter 7 and Chapter 11 bankruptcy protection, and where necessary their owners in Chapter 7 and Chapter 13 bankruptcies in New Jersey Bankruptcy Court.

Do You Handle Disputes Between Business Owners?

Yes. Our litigation attorneys represent owners of small businesses in disputes with their fellow owners in partnerships, corporations and limited liability companies (LLC’s). We represent them in negotiations, mediation, arbitration and in court.

How Can We Contact You?

We can be contacted at:

McLaughlin & Nardi, LLC
37 Vreeland Avenue
Totowa, New Jersey 07512
(973) 890-0004 (phone)
(973) 256-3641 (fax) (website) (general e-mail) (blog)

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