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New Jersey & New York Construction Law Blog

Mayor promises consequences for builder of broken retaining wall

A collapsed retaining wall is the latest setback for a shopping center development in a New Jersey community that never wanted the project in the first place. The mayor of Parsippany said that the wall had not appeared on the building plan that the town approved. He said the builder, RD Management, would be held responsible for the unauthorized construction and its subsequent collapse during heavy rains.

Cleanup of the failed retaining wall will require the temporary closure of one lane of Route 46, the mayor said. Residents could expect traffic delays during rush hour. He expressed his gratitude that the collapse did not hurt anyone.

New Jersey bridge repair holds up traffic study

Monmouth County is considering whether to approve the construction of a solid waste transfer facility. Part of the decision will be impacted by a traffic study near the study's proposed site, but the country board will not consider the study until repairs to a nearby bridge are complete. The waste plant is planned to be built at Randolph Road near the intersection of route 647.

The reason that the county board needs an accurate traffic study is because the new solid waste transfer facility will require a lot of additional trucks on nearby roadways. The study is designed to confirm or refute the information about traffic provided by the company proposing the plan. A third-party engineering firm is conducting the study for a little more than $30,000.

New Jersey to spend more than $1.1 billion in construction

The state of New Jersey has decided to start 2019 with a bang by planning to spend more than $1.1 billion in construction, revitalizing the state's infrastructure. Furthermore, the New Jersey Department of Transportation has more than $500 million issued in construction contracts from the beginning of the year till March. Additionally, the New Jersey Turnpike Authority is issuing new construction contracts, the value of which are in excess of 600$ million. More than two-thirds of that money is going to new projects being designed.

According to the governor of New Jersey, these construction projects will improve the state's transportation infrastructure. In turn, this will act as an invitation to the business community to invest its money in the Garden State.

Whistleblower claims defective bolts used in building bridge

New Jersey residents might be interested in learning that the Mario M. Cuomo Bridge, which was formerly known as the Tappan Zee Bridge, may have been constructed with defective steel bolts. The New York Attorney General is reportedly investigating claims of a coverup during the construction of the bridge, which spans the Hudson River.

According to news sources, approximately 1 million of the bolts that were used to build the bridge broke during construction. A whistleblower who served as a safety inspector during the bridge's construction claims that evidence about the defective bolts was discarded. He also alleges that the construction company falsified documents to hide the existence of the defective bolts.

Should I get a single-closing loan, or multiple loans?

Expensive construction projects frequently require loans. Before you begin your endeavor, you must carefully consider which construction loan options best suit your needs. Typically, you have two options: use a single-closing loan, or two separate loans.

Each option has benefits and drawbacks. The one that is best for you will depend on the details of your construction project. Here, we will examine single-closing loans and multiple loans in greater depth.

Overview of construction defects and recoverable damages

Purchasing a home or commercial building in New Jersey represents a substantial investment. Therefore, shoddy construction or defective materials could result in serious financial consequences. The cost often prompts homeowners or homeowners' associations to pursue damages from the builder or property developer.

Construction defects can take many forms, but they share the fact that they reduce a home's value. Costly problems include mold, water damage, unsafe electrical or heating systems, bad landscaping, faulty drainage or structural cracks in walls, roofs or foundations. The law labels defects as patent if they are easily observable at the time of construction. Latent defects do not emerge until years after construction. The designation of a defect as patent or latent is important because it determines how statutes of limitations would apply to a legal case.

Construction contract dispute resolution options

Disputes related to construction contracts or projects in New Jersey might arise because of a lack of understanding of the contract's conditions, a failure to properly administer the terms of the contract or for a range of other reasons. No matter what causes them, contract disputes can be time-consuming and damaging to the relationship between the parties. Contractors and project owners can reduce the chance that disputes will arise by carefully drafting the relevant contracts and paying particular attention to the dispute resolution clause.

Among the options that should be considered when planning for dispute resolution are mediation, negotiation, expert determination, adjudication, arbitration and litigation. Mediation is a process by which a neutral third party is brought in to resolve the dispute. It's not legally binding, but it might bring the parties to an agreement. Negotiation means the parties attempt to work out the issues among themselves before they move on to other methods of resolution. Expert determination is similar to mediation as a third-party expert is tasked with resolving the dispute.

New Jersey construction projects on the rise

Construction in New Jersey is on the rise, according to state reports. Among some of the major projects currently underway in Trenton are a new tax agency building, a new health care project and renovations in the State House. The latter project is a significant, 4-year undertaking that is currently engaged in asbestos remediation. The state treasury department is projecting $1 billion in public spending on projects in the capital alone over the coming years, a higher rate of investment than in recent years.

State treasury spokespeople noted that bond funds were approved for several construction initiatives and that federal funding from the Department of Housing and Urban Development had also been secured. Furthermore, they noted that the state was working to improve energy efficiency and upgrade infrastructure in multiple locations after obtaining a line of credit. The numbers were revealed at a New Jersey Alliance for Action seminar focused on upcoming construction projects in the state. The group's president noted that upticks in construction work are often reflective of overall economic improvement.

Dealing with a zoning violation ordinance

Whether you're building a house or a business in Maryland, there are several different codes, regulations and statutes that you may need to consider before laying down your foundation. However, construction codes can often be confusing and difficult to navigate. You may be served with a violation without ever being aware that there was an issue. If you find yourself in this situation, our attorneys at Skolnick Legal Group, P.C. can help.

As a property owner, you may find yourself facing violations for electrical codes, fire codes, plumbing codes, zoning violations and more. You may be asked to pay fines or make alterations to your building. However, you may be able to appeal these notices or get a variance, and we can help you go through the process.

Understanding the Right to Rescind in construction contracts

Construction can be a difficult thing to get the timing down for. You have a lot of moving pieces coming together, and any snag can throw a job’s progress off by weeks or months.

The costs associated with construction jobs means that contracts need to be binding. Getting out of one is a difficult proposition for homeowners. There are a few exceptions to this, including:

Contact Our Construction Law Team Today

We invite you to contact us to schedule a free initial phone consultation today at one of our three office locations. Feel free to call or send our office an email.

Roseland 973-403-0100 | Hackensack 201-430-2400 | New York 212-744-9600

We also handle personal injury matters, and frequently resolve commercial and real estate disputes.

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