Skolnick Legal Group, P.C.Skolnick Legal Group, P.C.2026-07-08T16:10:20Zhttps://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[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.]]>On Behalf of Skolnick Legal Group, P.C.<![CDATA[Permit mistakes can harm construction companies]]>https://www.skolnicklegalgroup.com/?p=489242026-05-19T03:09:35Z2026-05-19T03:09:35ZHow permit errors impact projects
Requiring a permit for all construction projects helps ensure not only consistency but also compliance with the building code. The failure to secure a permit before beginning work can result in local authorities issuing a stop-work order, which can create conflicts with clients and increase project costs.
In some cases, permit issues can lead to orders to remove improvements erected without a permit. If permit issues come to light while the project is still underway, a construction company may have time to address the issue and complete the work.
Other times, the lack of a permit comes to light after the completion of the work, at which point the property owner may face serious repercussions. They may then respond by filing a lawsuit against the construction company or otherwise taking steps to hold the business accountable for the economic consequences of failing to secure the necessary permit.
Obtaining necessary permits and arranging for all mandatory inspections are among the technical requirements imposed on those overseeing construction businesses, ensuring construction code compliance and managing individual projects. When permit issues arise during or after a project, those running construction firms may need legal guidance to remedy the situation effectively and mitigate the damage it causes.]]>On Behalf of Skolnick Legal Group, P.C.<![CDATA[What should subcontractors do when payment stalls?]]>https://www.skolnicklegalgroup.com/?p=489212026-05-12T07:36:41Z2026-05-12T07:36:41ZStart with the contract and project records
Before sending a demand or threatening a lien, it is advisable to review the contract carefully. Look for payment timing, retainage terms, change order rules, notice requirements and any “pay-if-paid” or “pay-when-paid” language. Those clauses may affect when payment becomes due and what steps you need to take next.
Strong records also matter in construction law disputes. A subcontractor may choose to gather:
Signed contracts and change orders
Invoices and payment applications
Daily reports, photos and delivery tickets
Emails or texts approving extra work
Proof that the work passed inspection or was accepted
These records help show what work you performed, what the contractor accepted and what amount remains unpaid.
Know when lien rights may matter
A construction lien can give a subcontractor leverage by tying the payment dispute to the property improved by the work. However, lien rights in New Jersey depend on strict steps, project type and timing.
For nonresidential projects, a lien claim must generally move forward within 90 days after the last labor, service, material or equipment tied to the unpaid amount. Residential projects may involve additional requirements, including a Notice of Unpaid Balance and Right to File Lien and arbitration-related steps before the lien claim preliminary filing and arbitration-related steps before the lien claim proceeds.
The safer approach is to count deadlines from the last work, service, material or equipment tied to the unpaid amount, not from the date someone stopped answering emails. A missed deadline can erode leverage, even when the unpaid invoice is valid.
Be careful before stopping work
Walking off a job may feel justified when invoices sit unpaid. However, stopping work without checking the contract may create a breach-of-contract dispute. The other side may argue that the subcontractor caused delay damages, failed to complete the scope or abandoned the project.
Before taking that step, subcontractors typically review the agreement, send proper written notices and preserve proof of the payment default. A clear paper trail may matter if the dispute later becomes a lien claim, arbitration or lawsuit.
Protect the claim before pressure builds
Payment delays rarely resolve on their own once communication breaks down. Subcontractors may benefit from moving quickly, keeping records organized and avoiding signing lien waivers or releases unless the money has actually cleared.
The practical goal is simple: preserve leverage while avoiding mistakes that might provide the other side an excuse not to pay.]]>On Behalf of Skolnick Legal Group, P.C.<![CDATA[Documenting changes in construction projects]]>https://www.skolnicklegalgroup.com/?p=489202026-05-04T11:06:45Z2026-05-04T11:06:45ZConstruction projects, whether they’re new builds or renovations, are usually covered in a construction contract. That contract outlines everything related to the project, including things like the scope, cost and timeline. It should be as comprehensive as possible so there isn’t anything up for debate.
While it’s possible that a construction contract will happen exactly as the contract states, it’s also possible that certain things will change. These can include changes in the scope of the project, design revisions, different materials or adjustments to the intended schedule. When any of those occur, it’s critical that a change order is completed.
What is a change order?
A change order is a written document that adjusts the contract. It should be signed by the contractor and client, which signals that both parties are aware of the change and agree to it. This can prevent misunderstandings in the future. In some cases, other communication, such as emails, may be sufficient for a change order. Verbal change orders are sometimes acceptable, but they are hard to prove in court. This could cause issues if anything goes amiss and the client claims the changes weren’t agreed to or appropriate.Change orders should be as comprehensive as possible. It should describe the revisions and provide a complete update to the contract terms. The change order also helps to ensure that the project management is handled appropriately. It makes it possible for those who are handling the project to ensure they’re doing everything properly according to the change order. Construction contract disputes can be challenging to fight. It’s critical to work with someone who understands these matters so they can offer options for addressing them.
]]>On Behalf of Skolnick Legal Group, P.C.<![CDATA[What is a change order in construction?]]>https://www.skolnicklegalgroup.com/?p=489192026-04-15T10:32:30Z2026-04-15T10:32:30ZContractors base their bids on the specifics of the job. One of these is the project the client says they want done. This is known as the scope of the project, and it’s included in the contract between the contractor and client. The scope contains information about just about every aspect of the project, such as materials and schedule.
If the client opts to change anything about the project, a change order is likely needed. A change order is a written revision to the original contract. It becomes the basis of changes to the scope, price, and schedule. Change orders are sometimes necessary even if the client doesn’t ask for changes. This includes things like site conditions, material substitutions or regulatory requirements that directly affect the project.
Change orders protect the contractor and client
The information in the change order is a checkpoint that helps to clearly outline the updated expectations. Change orders protect the contractor from claims of incomplete construction that are the result of the necessary change. They protect the client from contractors failing to uphold the terms outlined in the change order. Change orders should be written out with comprehensive terms and signed by both the client and the contractor. In the event there is a claim made against the contractor, this can provide valuable information about the project. It’s critical that contractors understand how they can protect their business, and they should recognize the importance of contracts. Having someone on their side to uphold their rights and protect their company if legal action is taken against them is vital.
]]>On Behalf of Skolnick Legal Group, P.C.<![CDATA[5 common subcontractor mistakes that can lead to defect claims]]>https://www.skolnicklegalgroup.com/?p=489182026-03-26T08:25:51Z2026-03-26T08:25:51ZWhere construction problems often take root
When construction defects are clearly present, courts and insurers look closely at how subcontractors performed the work, not just the final result. Many claims trace back to preventable breakdowns in coordination or standards. As a contractor overseeing multiple trades, you may see these issues develop during the course of the project. Common mistakes include:
Performing work below industry standards: Poor alignment or incomplete installation can create visible or hidden defects, raising quality and compliance questions later.
Building over obvious defects: Continuing work over a known defect hides the issue and increases the cost of repairs. You may encounter delays and an expanded scope.
Ignoring plans and specifications: Even a minor deviation can affect performance and limit warranty protection.
Using or installing materials improperly: Using unsuitable materials or installing them incorrectly may create safety concerns. You may need to manage early replacement.
Installing exterior components incorrectly: Water can enter through roofs, windows or doors. This can lead to mold, wood rot or interior damage.
In New Jersey, construction-related claims tied to these issues can be complex. Many claims fall under a six-year limitations period, and a ten-year statute of repose establishes a strict deadline based on the project’s completion date and may bar claims after a set time from project completion. Because deadlines depend on the claim type and facts, these time limits show why early investigation and documentation are critical in handling your projects.
How early awareness can protect your projects
Early attention to these patterns may help you address issues before they become harder to manage. It also strengthens your oversight across trades and improves communication as the project progresses.
This level of awareness can also help you handle legal disputes more effectively if questions arise. You may rely on clear documentation and consistent monitoring to support your position while maintaining control over project outcomes.]]>