When does a claim for $50,000 against your business end up costing you two or three times that amount? When you lose the case you’re litigating, in full or in part, and you end up owing years of interest and attorneys’ fees to the other party on top of the underlying claim amount – while
Adam J. Sklar
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Filing a Lis Pendens in New Jersey? Proceed with Caution
By Adam J. Sklar on
Posted in Construction Litigation
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…
Parties to Construction Contracts Should Exercise Caution When Allowing an Arbitrator to Change Hats Between Mediator and Arbitrator
By Adam J. Sklar & Christopher P. Massaro on
Posted in Construction, Construction Contracts
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…
Murphy Turns Up “Dimmer Switch” And Re-Opens NJ Construction
By Aaron S. Brotman & Adam J. Sklar on
Posted in Construction, New Rules and Legislation
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…
New Jersey Follows New York’s Lead in Limiting Construction to “Essential” Projects
By Adam J. Sklar & Aaron S. Brotman on
Posted in Construction
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…