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Subcontractor Defects Are Covered by CGL Policies in New Jersey

Subcontractor Defects Are Covered by CGL Policies in New Jersey

Relationships between insurers and insureds are always touch and go. Claims become especially tricky when made for defective work. Depending on the type of policy and the exceptions and exclusions in the contract, these claims can be paid or fall by the wayside. In Cypress Point Condominium Association, Inc. v. Adria Towers, L.L.C., the New Jersey Supreme […]

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General Contractor Misusing Funds Is Indicted

General Contractor Misusing Funds Is Indicted

Payment in the construction industry is a complex beast. As a result of the top-down payment system, parties at the bottom of the payment chain are at the mercy of the contractors above. In order to protect themselves, those at the top of the payment chain regularly insert timing provisions and conditions for payment in the form […]

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Drones in Construction: New Regulations

Drones in Construction

It’s an exciting time in the construction industry, where technology is making everything easier. One of the most exciting and creative ways technology is being utilized is the use of drones in the construction industry. Convincing decision makers to embrace technology can be difficult, but the benefits of incorporating drones in construction projects are real. In this three part series we will […]

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Lien Claim Won’t Preclude Federal Breach of Contract Claims

Lien Claim Won't Preclude Federal Breach of Contract Claims

  Judicial economy is a driving force in our court systems. Basically, it is the responsibility of the courts to expedite the judicial process wherever possible to reduce strain on the system as a whole. For this reason, courts regularly dismiss actions that fail to follow proper procedure. One tool helping courts to promote judicial efficiency […]

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Trading Construction Funding For Green Cards? The EB-5 Program

Trading Construction Funding For Green Cards? The EB-5 Program

  Developers are constantly looking for an edge, and those who are most innovative often come out on top. The construction industry and financial risk go hand-in-hand, and smart financial managers should be on the lookout for any advantages available, and the EB-5 program has helped many secure funding from unexpected places. In the 1990’s, Congress enacted […]

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Where’s the Litigation in Green Construction?

Green Construction

Going green with construction projects can create serious perks, most importantly easing your impact on the environment. However, with the benefits of going green also come some pitfalls. It appears that the law has not caught up with the green movement, and environmental interests in construction have not really been tried in court despite the number of green […]

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Payment Loss Litigation in Construction

litigation

It is important to be very careful when considering or pursuing litigation as a means of collecting payment. Often, the litigation process can be more hassle than it’s worth. Having inaccurate expectations of the outcome is one of the main reasons companies get sucked into lawsuits. These expectations may be the result of inexperience, or even […]

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Surprise! You Have A Breach Of Contract Claim

Which States Have the Most Challenging Lien Law?

The basic concept of contract law is that if a party breaches a contract, the other parties to the agreement have a claim against the breaching party. This is called having privity. Recently though, courts have started to allow non-party claims against breaching parties. This has come to be known as the third-party beneficiary doctrine. […]

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Proper Preparation Can Save You From Contract Disputes

We talk a lot on this blog about protecting yourself from unwanted legal situations by understanding your contract and knowing and understanding the laws that govern that contract and the project you are working on. These points are reiterated time and time again because they are vital to business in the construction world. I would […]

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City Sues Subconsultant Without Privity of Contract

Privity of contract is a simple concept. One must possess privity in order to sue another party for contract-related damages… usually. The basic concept of privity essentially means that if you are not a party to the contract, then you cannot receive rights and remedies afforded under that contract. The idea makes sense if you […]

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