Recently, the New Jersey Appellate Division affirmed the Superior Court’s decision in Jersey Precast v. Enterprises, Inc. et al. Particularly, the December 7, 2022, decision affirmed the lower court’s finding that a “pay-if-paid” clause in a material supplier’s purchase order with a general contractor was binding and enforceable. The court…
We are proud to announce 11 of our attorneys have been named to the 2021 Best Lawyers® list, two of which were named “Lawyer of the Year.” This recognition in The Best Lawyers in America© 2021, identifies each for their leading legal talent in their corresponding practice areas. The following…
Lindabury Construction law attorney Chloe Mickel authored an article for the American Bar Association’s Forum on Construction Law which examined the beneficial uses unmanned aerial vehicles (“drones”) can provide. While drones are rapidly becoming more commonplace in both the consumer and business markets, the construction industry has been slow to integrate…
“Don’t worry, our payment is secure because this is a public project with public funds. Right ?” Yes and No. It is only secure if you complied with certain statutory pre-notice requirements! When you supply materials, equipment or labor for a public project (i.e. “ a construction project paid for…
If the owner of a private, non-residential construction project in New Jersey defaults on making payment to the supplier of labor and or materials, one of the most important things that supplier can do is to file a Construction Lien to protect its rights and monies. For example, if a…
Are You a Material Supplier or Are You a Bank? If You Extend Credit to Customers You’re Both Does your business offer lines of credit to its customers? If so, are you approaching these transactions with the same caution as a bank? To facilitate business transactions with regular customers, many…
Two years into a large federal design-build project through the Army Corps of Engineers here in New Jersey, the owner shut down the project and terminated the general contractor for cause, citing its failure to keep to the schedule among other issues. Our client, a mechanical subcontractor with an almost…