Construction Law

Utilizing our 360 degree approach, our construction law attorneys assist all parties in the construction industry throughout the construction project lifecyle. 

Our construction attorneys assist owners, developers, lenders, investors, contractors, suppliers and design professionals throughout the construction project lifecycle, from initial conception to project delivery. We also represent clients in public project bid contests, and in the resolution of a wide range of construction disputes, including payment disputes, lien claims, defective design and construction claims, delay claims, indemnity claims, personal injury claims, labor and employment issues, default and convenience terminations, as well as claims against surety bonds and construction insurance policies.

We provide a wide range of advice and legal services involving all aspects of construction law from negotiating and drafting contracts, to project oversight, and alternative dispute resolution and litigation. Our group utilizes the 360 degree approach of the Firm and often draws upon the expertise of our employment law, environmental law, real estate, bankruptcy and tax practice groups to effectively address the many issues faced by our construction clients.

Jacqueline Greenberg Vogt authors New Jersey Law Journal article titled "Engaging Specialized Construction Counsel Is a Cost and Time Saver When Building or Renovating"

April 26, 2022

Mandelbaum Barrett Construction Law Chair, Jacqueline Greenberg Vogt, Esq. has authored an article in the April 20, 2022 issue of the New Jersey Law Journal titled "Engaging Specialized Construction Counsel is a Cost and Time Saver When Building or Renovating."

The article discusses how the expertise of specialized construction counsel at the outset of a project results in a construction contract that sets the stage for bringing the project to a conclusion on time, on budget, and well-constructed.

Mandelbaum Barrett Construction Law Chair Jacqueline Greenberg Vogt authors article for NJBIZ titled "Fostering Constructive Collaboration in a post-COVID Environment"

April 18, 2022

How can project owners and contractors safeguard their projects, budgets, and businesses?
After COVID-19 struck in 2020, the cost of building materials skyrocketed, driving up project costs. In the April 18th issue of NJBIZ, Mandelbaum Barrett Construction Law Chair Jacqueline Greenberg Vogt, Esq. discusses how these factors raised legal concerns among construction project owners and contractors alike regarding which party bears the burden of increased costs and project delays. She also details contractual provisions and practices that owners and contractors can implement to work better together to see a project through.

Chambers USA ranks Jacqueline Greenberg Vogt for Excellence in New Jersey Construction Law

May 25, 2021

Chambers USA has once again ranked Mandelbaum Barrett partner Jacqueline Greenberg Vogt in Band 1 for New Jersey construction law.

Construction Law Alert: Supreme Court Says Condo Association May Pursue Insurer in Construction Defect

July 20, 2022

On July 18, 2022, in Crystal Point Condominium Association, Inc. v. Kinsale Insurance Company, (a-76-20) (085606), the New Jersey Supreme Court unanimously concurred with an Appellate Division decision in favor of a condominium association’s right to sue the insurer of an insolvent contractor for construction defect claims under New Jersey’s Direct Action Statute, N.J.S.A. 17:28-2 […]

Why private construction jobs are requiring surety bonds, too

February 11, 2022

Public construction projects almost always require surety bonds. As a type of insurance, bonds protect the government if the wheels come off a project, or the contractor absconds with the funds. Indeed, bonding has been mandatory on federal public works projects since the late 1890s.

But now, bonds are increasingly being required on private development projects as well. The reason why has everything to do with the tumult caused by the pandemic.

Appellate Division Turns Up the Heat on General Contractors who Fail to Pay Subcontractors

November 2, 2021

The Appellate Division recently turned up the heat on general contractors who fail to pay subcontractors forcing them to incur legal fees to prosecute their legitimate claims. In JHC Industrial Services, LLC v. Centurion Cos., (approved for Publication September 17, 2021), the Court declined to enforce a proportionality requirement into the PPA's fee shifting provision and remanded the issue of counsel fees.

Owners and Sureties: An Odd Couple, but It Works

May 24, 2021

When a contractor is in default, should the property owner partner with the surety to complete the project? Or are their interests hopelessly misaligned?

Jacqueline Greenberg Vogt to Speak at the 2021 Construction Law Forum

May 7, 2021

Construction Trends: Surety Bonds on Private Construction Projects

April 22, 2021

Private project owners have become increasingly interested in taking advantage of the same protections that public owners historically have had, by requiring surety bonds. While the cost can be a deterrent, when compared to the price of project failure, the cost of the bonds is relatively minor.

Navigating Surety Performance and Payment Bonds: What To Know

April 6, 2021

Real estate development and construction projects regularly require payment and performance bonds from contractors that are seeking to be hired for a project. There are many misconceptions about what these obligations are. The purpose of the payment and performance bonds is to mitigate the project owner's risk.

New Jersey Construction Fall Protection

December 11, 2019

By Andrew R. Bronsnick We recently reviewed the hazards construction professionals endure when working with scaffolding, which, for the past four years, has been one of the top five OSHA violations in America. Today we’ll examine the number one violation: Fall Protection. OSHA Standard number 1926.501 explains an employer’s duty to have fall protection and states that: “Employees […]

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