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NJ court upholds dismissal due to failure to prove lost profits

USA - February 20 2012 In C.H.S. Construction Co., Inc. v. Mast Construction Services, Inc., 2012 N.J. Super. LEXIS 337 (App. Div. February 16, 2012), New Jersey’s Appellate Division upheld the dismissal of a construction manager’s claim under an alleged teaming agreement, due to the contractor’s failure to introduce evidence of the profits it would have earned on the portion of the contract that it was prevented from performing.

New Jersey court applies prompt payment law

USA - February 10 2012 In 2006, the New Jersey’s Legislature’s adoption of amendments that broadened considerably the reach of New Jersey’s Prompt Payment Law, N.J.S.A. 2A:30A-1, et seq. (“PPL”), were widely publicized.

Arbitration is exclusive remedy for displeased new-home warranty claimants, per N.J. appellate division

USA - May 24 2011 In Frumer v. National Home Insurance Company, the New Jersey Superior Court, Appellate Division, held that arbitration was the exclusive remedy available to plaintiffs, pursuant to the terms of the plaintiffs' new-home buyer's warranty.

Robert A. Prentice.

When is defective construction work sufficiently "unsafe" for N.J. statute of repose's protection of defendants?

USA - May 24 2011 New Jersey's statute of repose (the "Statute") precludes claims arising from the "defective and unsafe" condition of an improvement to real property that are asserted more than 10 years after construction of the improvement.

Robert A. Prentice.

New Jersey makes significant amendments to its Construction Lien Law

USA - March 14 2011 On January 5, 2011, N.J. Governor Chris Christie signed into law significant revisions to the New Jersey Construction Lien Law (CLL).