A lot has been said and written about the changing landscape of commercial construction during the COVID-19 global pandemic: everything from the type and size of projects now undertaken, delayed, canceled, or reimagined, to the disruption within the workforce (including a dearth of skilled trade/construction workers), to the challenges all these issues pose to contractors and developers as they struggle to achieve some semblance of recovery.» Read More

These ten common construction pitfalls in restaurant build-out could bring you out of the kitchen and into court. 

Opening a new restaurant is exciting. When you find a space that’s “perfect,” you want to jump in and get moving on the build-out.» Read More

As we take care of our loved ones and ourselves in this terrible pandemic, we are all doing our best to generate revenue and protect our income stream. In construction, we know contractors have one of the worst records of delayed payments of companies overall.» Read More

As the coronavirus spreads around the world, its impact on many businesses and industries, including the construction industry, is increasing.

The construction industry in the United States relies heavily on foreign suppliers and manufacturers of goods for construction materials, including steel, millwork, electrical and lighting equipment, plumbing fittings and fixtures, flooring tiles, and HVAC equipment.» Read More

Under New York State’s Lien Law, a contractor or subcontractor can file a mechanic’s lien for an unpaid balance due on labor and materials provided to improve real property, such as a co-op unit owner’s apartment. As a result, because the real property to be subjected to a mechanic’s lien is the underlying property – the building as a whole – and not just the individual unit, co-op boards become entangled in the disputes regardless of the fact that the work wasn’t done in any common areas, but within individual apartments.» Read More

Many subcontractors are faced with contracts from general contractors that include a “forum selection clause,” identifying the location and/or the court where any legal dispute will be litigated or arbitrated. That means that a party to a contract can agree to litigate or arbitrate disputes outside the location where the construction occurred or the dispute arose. » Read More

The New Jersey Appellate Division’s recent opinion in Professional Stone, Stucco & Siding Applicators, Inc. v. JMOC Builders, Inc., although not new, serves as a good reminder of what contractors need to do to prove damages in a breach of contract case.» Read More

Do you know what happens if you own a New Jersey corporation, and you fail to file an annual report with the state treasurer for two consecutive years? Your certificate of incorporation can be revoked, and your company loses both its rights to continue transacting its business in New Jersey and all the powers conferred by New Jersey law.  » Read More

If you have ever been involved in a construction project, you have probably dealt with a payment dispute. Often, when a construction contractor hasn’t been paid, his or her only leverage is to “stop the bleeding” by suspending work until they have been paid. » Read More

In 2003, the New York legislature enacted the Prompt Payment Act (PPA), set forth in sections 756-758 of Article 35-E of the General Business Law, in an effort to facilitate and expedite payment disputes between owners and contractors and between contractor and subcontractors on certain private commercial construction projects. » Read More