On February 3, 2022, New Jersey’s Appellate Division issued a decision for publication addressing the scope of the common law litigation privilege and, among other things, whether that privilege attaches to the filing of a notice of lis pendens. This article will explore the basic concepts of portions of this somewhat complicated case.

Let’s start

Summer associate, Luke Alba, contributed to this article.

Dispute resolution provisions providing for mediation as a prerequisite to arbitration are standard in AIA construction contracts. Parties may nonetheless mutually agree to eliminate or waive those provisions and proceed directly to arbitration.  Often, however, settlement discussions will ensue during the arbitration as costs begin to mount

New Jersey Governor Phil Murphy signed Executive Order #142 on Wednesday, May 13, 2020, permitting suspended non-essential construction projects to resume starting, Monday, May 18, 2020 at 6:00 a.m. In his briefing this afternoon, Governor Murphy commended the efforts and progress the State has made to date against the spread and impact of the COVID-19

Earlier this week, on Monday, we had reported that New Jersey was allowing, subject to proper distancing and safety measures, all construction projects within the State to proceed “as usual,” but that we believed New Jersey might ultimately follow New York’s lead after New York recently limited what it considered to be “essential” construction services