Construction Contracts

Last week, New Jersey’s Appellate Division re-affirmed the principle that a court must strictly apply the terms of a construction contract when determining a dispute between contracting parties.  Where the contract terms speak directly to the issue in dispute, a court may not employ equitable considerations to determine the dispute even if the court believes

The Appellate Division recently affirmed a trial court’s granting of summary judgment in favor of the County of Union (the “County”) on a contractor’s extra work claim for $631,895.27 arising from an ambiguity in the contract specifications.  The Court found the ambiguity to be a patent ambiguity, which A. Juliano & Sons, Inc. (“Juliano”), the

In a recent unpublished opinion, New Jersey’s Appellate Division provides another reminder to contractors bidding on municipal contracts to timely challenge any portion of the bid specifications that may be improper or problematic.  As this decision shows, if you fail to challenge a bid specification at least three days prior to the opening of the

The New Jersey Appellate Division, in Contract Applicators, Inc. v. Borough of Park Ridge, Docket No. A-6080-10T3 (October 2, 2012), recently affirmed a trial court decision that denied a contractor’s attempt to obtain payment for extra work on a public project because the contractor did not comply with the express terms of the contract

Earlier this month, the Appellate Division, in the unpublished decision Chaykowski v. Marut, A-2901-10T2 (N.J. App. Div. September 7, 2012), upheld a substantial judgment entered by a trial court against a landscape contractor and one of its principals under New Jersey’s Consumer Fraud Act (the “NJCFA”).  This case clearly illustrates the perils of a