Skolnick Legal Group, P.C.Skolnick Legal Group, P.C.2026-09-02T16:33:22Zhttps://www.skolnicklegalgroup.com/feed/atom/WordPress/wp-content/uploads/sites/1203553/2023/06/cropped-SkolnickLegalGroup_SITEICON_512x512_JUN23-32x32.jpgOn Behalf of Skolnick Legal Group, P.C.<![CDATA[Made a mistake on your bid? Can you fix it in New Jersey?]]>https://www.skolnicklegalgroup.com/?p=489482026-09-02T16:33:22Z2026-09-02T16:33:22ZEvery construction bid involves dozens of numbers pulled together under a tight deadline. Contractors juggle quotes from subcontractors, material costs and labor estimates, often finalizing everything in the final hours before submission. With that much information moving at once, an error can slip through unnoticed until after the bid goes in. In New Jersey, the law gives contractors a way to withdraw or fix a bid in some cases. However, its success depends on how fast you act and whether the project is public or private.
What counts as a bid mistake
Not every regret qualifies as a legal mistake. Courts and public agencies generally look for a clerical or mathematical error rather than a change of heart about pricing or scope. Examples include a transposed number, a missing labor cost or an accidental omission of a major material. If a contractor simply underestimated the market or wants better terms, that usually won't support a withdrawal request.
Can you withdraw or correct the bid
Under New Jersey’s Local Public Contracts Law, a public works bidder may request to withdraw a mistaken bid within five business days of bid opening by submitting written proof that enforcing the bid would be unconscionable and that the error occurred despite exercising reasonable care. Waiting too long or trying to fix the error after losing the bid usually won't work. Private contracts follow the terms of the bid documents and any applicable case law, so the outcome can vary more from project to project.
Talking with an attorney
Bid mistakes carry real financial stakes, and the deadlines for raising them move fast. If you're unsure where you stand after finding an error, a short conversation with a construction attorney can bring some clarity. An attorney who knows New Jersey construction and bidding law can review the paperwork, help gather the right proof and explain what options actually apply to your situation. Getting that kind of guidance early, before a deadline passes, often makes the difference between resolving the issue calmly and losing a bond or facing a dispute. ]]>On Behalf of Skolnick Legal Group, P.C.<![CDATA[What are your rights when a contractor abandons your project?]]>https://www.skolnicklegalgroup.com/?p=489462026-08-21T13:08:09Z2026-08-21T13:08:09ZDoes abandonment constitute a contract breach?
When a contractor stops work without justification, this typically represents a breach of contract. The original contract sets out the obligations each party must fulfill. Courts typically examine how long the contractor was inactive and whether the contractor's actions – such as failing to return calls or removing equipment from the site – suggest an intent to abandon the project.
What evidence should you preserve right away?
Evidence to preserve when a contractor abandons your project:
Photographs of incomplete or defective work
All written communications, including text messages and emails
A detailed log of all payments made, including dates and amounts
The original contract and any written change orders
Invoices, receipts and any other financial records related to the project
The stronger your documentation, the better positioned you will be to support a claim for what you lost.
What recovery options does state law allow?
Property owners may pursue damages for incomplete work, costs to hire replacement contractors, and expenses from project delays. Recovery through contract claims often includes the difference between the original contract price and the actual cost to complete the work. In some cases, New Jersey's Consumer Fraud Act may also apply to contractor disputes, and claims under that law can result in treble damages and reimbursement of attorney fees.
Homeowners may also file a complaint with the New Jersey Division of Consumer Affairs, which can investigate registered contractors and impose disciplinary action – including fines or suspension of their registration. Filing a complaint will not result in direct financial compensation, but you can pursue it alongside a separate legal claim.
What should you do first after a contractor abandons your project?
New Jersey's statute of limitations for breach of contract and Consumer Fraud Act claims is generally six years. While that window may seem long, evidence of incomplete work, contractor communications and project records is often most reliable when gathered immediately after the abandonment.
Photograph the unfinished work and save every communication while the details are still fresh. The law gives you several ways to pursue your losses – but the strength of your claim comes down to what you have documented.]]>On Behalf of Skolnick Legal Group, P.C.<![CDATA[What are liquidated damages in a New Jersey contract?]]>https://www.skolnicklegalgroup.com/?p=489332026-08-11T15:36:17Z2026-08-11T15:36:17ZHow liquidated damages work
Liquidated damages are an amount that the parties agree to in advance for a specific type of breach. Construction contracts often use these provisions when a financial loss would be difficult to calculate after a breach.
For example, a contract may require a contractor to pay a set amount for each day a project remains unfinished after the agreed completion date. The clause should reflect a reasonable estimate of the expected loss rather than punish the contractor.
The reason for the delay can also matter. A contractor may have rights under the contract when circumstances outside the contractor's control affect the schedule.
When a clause may be enforceable
New Jersey courts generally look at whether the amount makes sense in relation to the harm the breach could cause. Courts can consider the circumstances surrounding the agreement and the losses involved. A provision that imposes an excessive amount as punishment may not hold up.
For construction companies, the wording and purpose of the clause matter. A contractor should understand when the payment applies, how the amount is calculated and whether the contract provides exceptions.
For public construction projects, New Jersey law also permits certain contracts to include liquidated damages. Those contracts can contain specific rules concerning delays and the contractor's remedies. Reviewing the clause carefully can help avoid disputes later.
What contractors should check
Before signing a construction contract, contractors should pay attention to:
The event that triggers liquidated damages
The amount charged and how it accumulates
Any stated exceptions or extensions
Provisions addressing owner-caused delays
How the contract defines substantial completion
These details can affect the financial impact of a delay.
A liquidated damages clause can provide greater certainty when a construction project encounters a breach. However, New Jersey law does not automatically enforce every amount written into a contract. The provision must remain reasonable in light of the circumstances. Understanding the clause before signing can help contractors and owners better assess their contractual obligations.]]>On Behalf of Skolnick Legal Group, P.C.<![CDATA[What is an excusable delay in construction?]]>https://www.skolnicklegalgroup.com/?p=489322026-07-26T16:00:36Z2026-07-26T16:00:36ZIssues with missed deadlines are common in the construction industry. Certain deadlines will be written into the initial contract, and the project is expected to be completed by these deadlines. If the contractor misses the deadline, it can sometimes lead to litigation, especially if it causes financial harm to the property owner – such as a business owner who cannot open on time.
However, excusable delays are those that are not the responsibility of the contractor in the first place. They are outside of the contractor's control.
Actions carried out by the property owner
For instance, the property owner themselves may need to take certain actions. Perhaps they need to approve drawings and designs. Maybe they need to carry out an inspection on time so that the project can move forward. Perhaps the property owner has agreed to purchase the parts and materials for the construction company, but they failed to purchase them or failed to have them delivered on time, so the project runs behind schedule.
Weather events
In some cases, unforeseen weather events can also be considered excusable delays. This is especially true when they deviate from expected weather patterns in the area. If there is localized flooding or a severe storm, for instance, the project may not be able to continue as scheduled. It could run days or even weeks behind.
Disputes over excusable delays
As you can imagine, there are often disputes where a contractor will claim that an excusable delay caused them to miss the deadline and that they do not bear responsibility, but the property owner alleges that the contract has been breached. When these disputes arise, it is important for the parties involved to understand their legal options.
]]>On Behalf of Skolnick Legal Group, P.C.<![CDATA[Who is responsible for a latent construction defect?]]>https://www.skolnicklegalgroup.com/?p=489312026-07-17T14:15:27Z2026-07-17T14:15:27ZProperty owners may claim that a contractor or subcontractor is responsible for a latent construction defect. This is a hidden defect that may only be discovered months or even years after the project has been completed.Determining liability can become complicated specifically because there is this delay. If a homeowner discovers an alleged mistake a year after the job is concluded, the contractor may claim that the defect simply did not exist while they were working on the project. They did everything correctly and up to code.They may believe that the homeowner caused the issue themselves or that they hired someone else, such as a local handyman, to work on the property. The homeowner, on the other hand, may contend that the defect was there the entire time but simply was not noticed earlier.
Addressing patent defects
The opposite is known as a patent defect, which is something that people will recognize relatively quickly. A homeowner may arrive and find out that the subcontractor who was hired to put in the cabinets installed them in the wrong room or installed the wrong type of cabinets entirely. They can immediately identify the issue, and steps can be taken to rectify it.Latent defects are not necessarily hidden intentionally, but could simply be things like structural issues, problems with plumbing or electrical lines, or other defects that are hidden in the walls of the home. That is what creates the delay when compared to a patent defect claim, and it can certainly complicate the process.For construction company owners, contractors, subcontractors and other professionals working in the space, it is very important to understand how defect claims work and what legal steps to take to address them.
]]>On Behalf of Skolnick Legal Group, P.C.<![CDATA[Was your construction bid disqualified over a minor mistake?]]>https://www.skolnicklegalgroup.com/?p=489302026-07-08T16:10:20Z2026-07-08T16:10:20ZCompliance standards for public bids
The Local Public Contracts Law sets the rules for construction projects awarded by counties, municipalities and local authorities. When a project exceeds the bid threshold, these agencies must advertise the work publicly, accept sealed bids and award the contract to the lowest responsible bidder.
The bid documents explain what you must include with your proposal. The purchasing agency compares your paperwork with the project specifications, required forms and any addenda. State law also requires bid security, a surety's consent to furnish a performance bond, an ownership disclosure statement and a subcontractor list for certain trades.
If your bid packet lacks certain requirements, the public entity must reject it under state law. Other issues will depend on the facts of your application.
Material errors versus waivable defects
Not every mistake leads to disqualification. New Jersey courts use a two-part test to decide whether an error is serious enough to reject your submission or minor enough for the contracting unit to overlook.
One question is whether excusing the mistake would reduce the agency's confidence that you can complete the project as required. The other is whether correcting the error would give you an unfair advantage over the other bidders.
For example, failing to acknowledge an addendum that changed the project scope could allow you to decide after the agency opens the bids if you still want to move forward at your quoted price. By contrast, the contracting unit may correct a simple math error when the unit prices are clear and doing so does not change your offer.
Legal options after disqualification
You may be able to challenge the decision by filing a written protest before the contract is awarded. It should identify the issue and explain why the contracting unit incorrectly treated a minor mistake as a material defect or otherwise misapplied the bidding requirements.
If the protest fails, you can seek judicial review by filing an action in lieu of prerogative writs in Superior Court. While court rules generally provide up to 45 days to file, acting sooner may be important because the contract could be awarded before that deadline expires.]]>On Behalf of Skolnick Legal Group, P.C.<![CDATA[How are contractors paid?]]>https://www.skolnicklegalgroup.com/?p=489282026-07-06T23:55:28Z2026-07-06T23:55:28Zcost-plus contracts. They keep a record of their actual costs, such as materials and labor hours, and establish fees to allow the construction company to make a profit on the job. This is a relatively transparent payment model, where both sides know exactly why compensation is being provided, but it does mean there could be some flexibility in the total cost of the project.
Another option is a fixed-fee contract. There is not any flexibility when it comes to payment, as there is a predetermined price for the project. The contractor agrees to do the entire job for a set amount of money. That means both sides need to run the numbers in advance to see what type of payment is appropriate since it cannot be changed.
The importance of detailed contracts
Having a detailed contract can help ensure that all parties are aware of their financial obligations and responsibilities upfront. This helps to avoid miscommunication.
For instance, if a general contractor believes that the client is going to cover the cost of parts and materials, but the client thinks that the contractor is going to purchase them and has built that cost into their price, there can be significant conflicts. Addressing this upfront can help avoid them.
That said, disputes or conflicts over contractual obligations are common in this industry. It is important for those involved to understand exactly what legal steps to take if there is a dispute.]]>On Behalf of Skolnick Legal Group, P.C.<![CDATA[Can you challenge a construction code violation in New Jersey?]]>https://www.skolnicklegalgroup.com/?p=489272026-06-27T02:33:45Z2026-06-27T02:33:45Zchallenge the violation and present evidence showing that the notice was issued in error.
A violation notice is not always beyond question
Construction codes can be highly technical, and disagreements can arise over how certain provisions should be interpreted. For instance, a violation may stem from incomplete information, conflicting code provisions or a misunderstanding of the work that was performed. If you simply accept the notice without reviewing it carefully, you may end up paying for unnecessary modifications or repairs.
When challenging a violation makes sense
Not every violation should be contested, but there are circumstances where doing so may be justified. For example, you may believe that:
The inspector made a factual error.
The work complies with the applicable code.
The violation was issued under the wrong code section.
Required permits or approvals were overlooked.
The inspector's interpretation conflicts with industry standards or prior approvals.
Supporting documentation, construction plans, permits, inspection reports and expert opinions can all play an important role when disputing a violation.
Timely action matters
The law gives you a structured way to push back against a construction code violation, but you must act fast. There are strict deadlines involved, and waiting too long could limit your options. Obtaining legal guidance early can help you assess the strength of your position and take the appropriate steps to protect your property and investment.]]>On Behalf of Skolnick Legal Group, P.C.<![CDATA[Who is not entitled to file a lien claim in New Jersey?]]>https://www.skolnicklegalgroup.com/?p=489262026-06-15T15:10:31Z2026-06-15T15:10:31Z lien is simply off the table, no matter how strong your sense of fairness may be. Understanding these limits before you act can spare you a wasted effort and a failed claim.
Materials supplied under a security agreement
If you delivered materials under a security agreement governed by the state Uniform Commercial Code, those same materials cannot anchor a construction lien. The security agreement already hands you a separate path to collect payment. The law treats that arrangement as your remedy, so stacking a lien on top of it is not allowed.
Public works and public entity projects
Projects built for the public serve as another firm boundary. When a public entity contracts for and awards an improvement to public property, you cannot record a construction lien against that property. Public assets receive this shield by design. Other tools, such as the municipal mechanic's lien process, may still be open to you, but the standard lien route is closed.
Residential work without strict compliance
Residential construction carries the strictest conditions of all. If your labor, materials or services flowed from a residential construction contract, your ability to file hinges on following exact statutory steps. Skip a required notice, miss a filing window or handle a step loosely, and you may lose the right to file entirely. There is no room for a casual approach here.
Why these limits hold so much weight
Each of these exclusions comes straight from the terms of state statutes, which means that wording controls the result. A small technical slip can defeat a claim that otherwise seemed solid. Deadlines, forms and notices all carry real consequences, and good intentions will not cure a procedural error.
Because New Jersey construction laws are unforgiving and filing a construction lien demands precise compliance, you should seek legal guidance before you move forward. A careful review of your situation can help you avoid a costly misstep and protect your right to payment.]]>On Behalf of Skolnick Legal Group, P.C.<![CDATA[Using a construction lien to secure payment in New Jersey]]>https://www.skolnicklegalgroup.com/?p=489252026-06-01T19:05:13Z2026-06-01T19:05:13ZHow a construction lien works
A construction lien is a legal claim against property for unpaid work. While the lien doesn’t automatically result in payment, it creates an encumbrance on the property that can complicate refinancing, selling or transferring ownership. Property owners often have a strong incentive to address valid payment claims because of such consequences.
Who can file a construction lien?
New Jersey law extends lien rights to a broad class of claimants. This includes general contractors, subcontractors, sub-subcontractors and suppliers of materials or equipment. If your work or materials contributed to the improvement of real property, you likely have standing to file.
Meeting New Jersey’s legal requirements
Construction liens are highly technical, with strict deadlines, notice requirements and filing procedures that must be followed carefully. There’s little room for error. Even a minor mistake in preparing or filing lien documents can jeopardize your claim. Missing a critical deadline or failing to include required information may result in the loss of lien rights altogether. If you have not been paid for your work on a construction project or are dealing with a payment dispute, seeking legal guidance is essential to making the most of such legal tools and protecting your financial interests.]]>