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
Peter James Herrigel
Suppliers Must Take Affirmative Steps to Determine Source of Payments to Protect Construction Lien Claim Rights
By Peter James Herrigel on
Posted in Construction, Construction Liens
In L&W Supply Corp. v. Joe DeSilva, et al., (Docket No. A-2960-10T2, December 19, 2012) (“L&W Supply”), a decision recently approved for publication, the Appellate Division provides guidance to material suppliers seeking to file construction lien claims. The court held that, in certain circumstances, a material supplier must make further inquiry and…
Contractors on Public Projects Beware – Verbal Waiver Of Prior Written Approval Requirement For Extra Work Not Enforceable
By Peter James Herrigel on
Posted in Construction, Construction Contracts
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…
Consumer Fraud Act Counterclaim Against General Contractor Denied to Homeowner Who Used Architect as Intermediary to Manage Construction Project
By Peter James Herrigel on
Posted in Construction Litigation, Recent Cases
In a recent unpublished opinion, Gemini Restoration Inc. v. Leone, et al., Docket No. A-6171-09T4 (August 3, 2012), New Jersey’s Appellate Division, among other things, affirmed a summary judgment order that dismissed a Consumer Fraud Act (“CFA”) counterclaim against a general contractor where the homeowner used an architect as an intermediary to deal directly…
Subcontractors Take Note – Appellate Division Confirms That Construction Lender Has No Duty To Subcontractor Absent Express Promise To Pay
By Peter James Herrigel on
The New Jersey Appellate Division recently ruled in Vollers Excavating and Construction, Inc. v. Citizens Bank of Pennsylvania, Docket No. A-3844-10T1 (March 5, 2012), that a construction lender has no obligation to pay an unpaid subcontractor on a project when the general contractor files for bankruptcy protection. In Vollers, Vollers was a subcontractor…