When does a claim for $50,000 against your business end up costing you two or three times that amount? When you lose the case you’re litigating, in full or in part, and you end up owing years of interest and attorneys’ fees to the other party on top of the underlying claim amount – while
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Labor Mobility: From Fixed Factor to Open Question in Multifamily Investment
By Robert Riva
When looking at real estate trends, and especially the demographic-based fundamentals that underpin real estate values, we have seen a lot of change in very little time. The pandemic has shifted the labor market expectations of homeowners and renters alike, adjusting where developers are focused and, because no two jurisdictions are alike, impacting the way…
Is Your Contract Ready for the Ongoing Impact of COVID?
The COVID-19 pandemic has lasted two years, and while offices, projects, and the rest of life begin to return to pre-pandemic normal, the construction material supply chain and costs have not. In fact, it appears as though the impact on projects of material costs and delivery difficulties will be an issue going forward for the…
Filing a Lis Pendens in New Jersey? Proceed with Caution
On February 3, 2022, New Jersey’s Appellate Division issued a decision for publication addressing the scope of the common law litigation privilege and, among other things, whether that privilege attaches to the filing of a notice of lis pendens. This article will explore the basic concepts of portions of this somewhat complicated case.
Let’s start…
Vaccine Mandate Puts Enforcement on NYC Employers
A universal vaccine mandate comes to New York employers courtesy of New York City’s Department of Health and Mental Hygiene.
Compliance in Your Office
Effective this week, in accordance with the Commissioner of the New York City Department of Health and Mental Hygiene’s December 13, 2021 Order, all private employers with employees or workplaces…
New York Significantly Expands Application of Prevailing Wage Requirements
On January 1, 2022, an expansion of prevailing wage law in New York will become effective. The new law will significantly increase the universe of construction projects subject to prevailing wage requirements.
In brief, when a project is subject to prevailing wage requirements, workers must be paid set hourly wage rates and hourly benefit amounts…
New York Wage Theft Law Promises Major Change for Contractors
New York’s new wage theft law – expected to have a major impact on the construction industry state-wide – goes into effect on January 4, 2022 and will apply to contracts executed, modified, extended, or renewed from that date forward. Most notably, the law will impose (a) greater liability risk on prime contractors, and (b)…
New Jersey Development Incentives Making a Comeback
Development incentives are nothing new in New Jersey. In fact, they have been part of the state’s process for attracting businesses for many years. However, when the 2013 Economic Opportunity Act was allowed to expire in July of 2019, no such programs were available for businesses moving to the state. Many were left wondering what,…
Project Owners and General Contractors Take Note: Notice-to-Cure Provisions for Termination of Construction Contracts Cannot Be Disregarded Except in “Very Limited and Rare” Circumstances
Construction contracts generally outline various scenarios in which a party can terminate the contract. In one common scenario, a contractor is permitted to terminate its subcontractor “for cause” if the subcontractor provides deficient work or fails to meet the project schedule. Contracts often describe this type of deficiency as a “failure or neglect to carry…
Vaccination Requirements Put Trades in the Middle but Path Forward is Clear
The construction industry, like many others, was hit hard by the COVID-19 pandemic. As the industry adjusts to the new normal, not everyone is on the same page.
Many project owners, rather than risk site shutdowns and potential inefficiencies from social distancing, are beginning to require that all project site personnel show proof of vaccination…