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Construction Law, Real Estate Law And Business Law In New Jersey And New York
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Ramsey Legal Blog

What to do if you’re not paid on time

After you agree on the scope of a project, sign a contract and complete the work, you have a fair expectation to be paid based on the terms of the agreement. Sadly, this is not always the case. In many cases, the people who hired you to complete a job don’t prioritize your payment.

No matter what excuses an owner, developer or manager uses, you have the right to compensation for your work. And regardless of whether you are based in New York or New Jersey, the law protects you.

NYC non-residential construction booms; residential growth slower

Non-residential construction appears to be booming in New York City as residential construction takes a back seat.

The non-residential construction industry is looking very strong in New York City. A new report suggested construction spending in the city is estimated to reach $61.5 billion by the end of the year.

Reasons to have your construction contract reviewed

A construction contract outlines all aspects of the job for all parties and governs the process to ensure everyone’s needs are met. As a result, every detail – even the smallest ones – needs to be reviewed before the contract is signed.

Construction contracts often benefit from third-party review by someone who has experience assisting professionals in the industry. Here are a few key reasons to have the contract reviewed:

Green Building Week is this week

This week, September 24-30, marks the annual Work Green Building Week, which aims to motivate and empower us all to deliver greener buildings. The event is promoted by the World Green Building Council (WGBC), which also produces an annual report with key statistics on green building space and policy changes around the world.

This year’s event is asking everyone to find opportunities to take action and commit to making a change in the homes they build, lease or live in, highlighting that 40 percent of global energy consumption comes from buildings.

What bonds are used in the construction industry?

Most contractors working on public projects, and even some private projects, are familiar with surety bonds. This contract is between the obligee, or the recipient of the obligation; the principal party, who will pay for the contracted obligation; and the surety. It is a promise by the surety to pay the obligee if the principal fails to meet their obligation.

But in the construction industry, there are other bonds that may be required in a contract. Below are three of the less common bonds and how they work.

Working with a construction lawyer on school projects

As the new school year begins and the students’ future needs are assessed, it may seem like the right time to consider a remodel or construction project. Districts may be more comfortable working with professionals who understand their unique needs in education.

While retaining a law firm that understands school issues can help with those legal needs, hiring an attorney that can comprehend the niche nature of construction law has its benefits. A new school building is not likely to be truant, but it will need to meet certain codes and standards.

How does construction arbitration work?

Contract disputes can be a headache, and it’s not why you got into construction in the first place. You entered this industry to do the work and do it well.

Nonetheless, a contract dispute is likely to come up at some point or another. In the construction industry, many of these contracts include a clause which mandates arbitration as the sold method for construction dispute resolution. If you have to arbitrate or want to consider this route, how does it work?

The role of retainage in a construction contract

At our law firm, we represent parties to a variety of construction contracts. Our clients include contractors, owners, subcontractors, construction companies, developers, suppliers, architects, engineers, lenders and others. We provide many services vis-à-vis construction contracts, including negotiation, drafting and review of contract provisions. 

One important term of a construction contract is retainage, which refers to a percentage of the contract price that the parties agree may be withheld from payment to the contractor until the project is complete. Typically, the retainage is imposed on the general contractor, which in turn imposes the same term on its subs.

Green construction in an age of deregulation

Here at the Law Offices of Stephen Bialkowski LLC, we represent New York and New Jersey developers, land and building owners, contractors, architects and similar parties in their efforts to develop, build or renovate private, public, residential and commercial buildings with environmental concerns in mind. Some aspire to complete projects that achieve special green construction certifications like LEED, Energy Star, National Green Building Standard, WELL Building Standard and others. 

It is important to get a construction law attorney involved early in the process to help analyze options and set goals as well as to assist with compliance with certification requirements and with federal, state and local environmental, zoning and building regulations and laws.

Construction liens: a common source of dispute

Liens are often a source of confusion (and dispute) in the construction industry. In general terms, a lien is an encumbrance on a property incurred for a debt. However, there are many kinds of liens, from assessment liens imposed on property owners by municipalities to voluntary liens established by contract with a debtor.

Two types of liens are frequently the source of dispute in construction litigation: judgment liens and mechanic's liens.