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Construction Law

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

At Mandelbaum Barrett PC, our dedicated construction lawyers are here to assist you in navigating the legal complexities associated with building, developing, and managing construction projects. Our team of experienced construction attorneys is here to guide you through every stage of your construction project, ensuring that your legal interests are protected and your project is a success.

Drawing upon our extensive knowledge and years of experience in construction law, we will tailor our legal strategies to align with your specific business objectives. We possess a comprehensive understanding of the industry, enabling us to effectively address a wide spectrum of issues that may arise before, during, and after project completion.

Our comprehensive range of construction services allows us to meaningfully cater to all of our clients’ needs. Our ultimate goal is to position our clients for long-term success by ensuring they successfully complete their projects.

Comprehensive Legal Support for Construction Projects

Whether you are an owner, developer, lender, investor, contractor, supplier, or design professional, we offer a wide range of legal services to cater to your specific needs. Our expertise covers all aspects of construction law, from the initial conception of a project to its final delivery. Here’s what we can assist you with:

  • Contract Negotiation and Drafting: Our attorneys have extensive experience in negotiating and drafting construction contracts. We ensure that your agreements are comprehensive, fair, and protective of your rights and interests.
  • Project Oversight: We provide diligent project oversight to help you navigate complex legal issues, regulatory compliance, and mitigate risks throughout the construction process.
  • Dispute Resolution: Construction disputes can arise from various issues, such as payment disputes, lien claims, defective design and construction claims, delay claims, indemnity claims, personal injury claims, labor and employment issues, default and convenience terminations. Our team is well-versed in resolving these disputes through negotiation, mediation, arbitration, or litigation, always striving for the most favorable outcome for our clients.
  • Public Project Bid Contests: We have extensive experience representing clients in public project bid contests, ensuring fair competition and compliance with relevant regulations and requirements.
  • Surety Bonds and Insurance Claims: Our attorneys are proficient in handling claims against surety bonds and construction insurance policies, helping you recover losses and protect your rights.

Collaborative Approach and Cross-Disciplinary Expertise

At Mandelbaum Barrett PC, we believe in a 360-degree approach to your construction project. We understand that construction often intersects with other areas of law, such as employment law, environmental law, real estate, bankruptcy, and tax. To provide you with comprehensive and effective solutions, we collaborate with our experts from these practice groups, leveraging their specific knowledge to address the multifaceted challenges faced by our construction clients.

Contact Us Today

When it comes to construction law, having representation from experienced legal counsel is crucial for the success of your project. With Mandelbaum Barrett PC by your side, you can have confidence that you will benefit from exceptional legal support throughout every stage of your construction endeavors. Contact us today to learn how we can assist you in achieving your goals and securing a successful outcome for your project.

Mandelbaum Barrett PC has ranked in three practice groups for Chambers USA

June 12, 2024

Success in major deals hinges on collaboration, organization, and teamwork, demonstrating that it truly takes a village to achieve excellence. Our team here at Mandelbaum Barrett PC team embodied these qualities in 2023. Congratulations to our 3 departments who received ranking from Chambers USA: Construction (Band 3), Banking & Finance (Band 3) & Real Estate […]

Peter Tanella and Jacqueline Greenberg Vogt co-author article for Today’s Veterinary Business titled “Building a Case for Construction Counsel”

August 1, 2023

“Involving a lawyer from the start can prevent unexpected construction delays and payment disputes and create mechanisms for ensuring quality workmanship. It also sets up fair and economical dispute-resolution procedures and realistic budgets and schedules.” Peter Tanella, Esq., Chair of the National Veterinary Law Group and Jacqueline Greenberg Vogt, Esq., Chair of Construction Law at Mandelbaum […]

Chambers USA ranks Jacqueline Greenberg Vogt for the 4th consecutive year for Excellence in New Jersey Construction Law

June 12, 2023

Chambers USA has once again ranked Mandelbaum Barrett PC partner Jacqueline Greenberg Vogt in Band 1 for New Jersey construction law. This marks Jacky’s fourth consecutive year receiving a Band 1 ranking – Chambers’ highest honor, which was given to only 15 lawyers in the state this year. Published by London-based Chambers and Partners, Chambers […]

Jacqueline Greenberg-Vogt Authors Article for the New Jersey Law Journal on “The Lucky 7 – Construction Contract Must-Haves for Owners”

April 25, 2023

“The Lucky Seven” are the seven key clauses to which every owner needs to pay particular attention so that the project starts off on the right foot. Read more at https://www.law.com/njlawjournal/2023/04/24/the-lucky-7-construction-contract-must-haves-for-owners/

Jacqueline Greenberg Vogt, Esq. hosts panel at Construction Super Conference 2022 in Las Vegas

December 9, 2022

Jacqueline Greenberg Vogt, Chair of the Mandelbaum Barrett PC Construction Law Group, hosted the “EmpowHERing Change: Why The Construction Industry Needs More Women” at the Construction Super Conference in Las Vegas. Along with Morgan Bisceglia (Director of Design & Construction, Veterinary Emergency Group), Tracy R. Naso (Associate Principal & Unit Manager, Wiss, Janney, Elstner Associates, […]

Jacqueline Greenberg Vogt, Esq. authors article for ROI-NJ titled “Sure thing: As construction market grapples with issues, more projects are relying on contractor bonds for safety”

September 9, 2022

“As a consequence of all the narratives affecting the construction and engineering sector — the supply chain woes, the high prices, the labor issues — projects over the past year have involved extra financial assurances once common to only public construction projects.” Mandelbaum Barrett PC Construction Law Chair, Jacqueline Greenberg Vogt, Esq. has authored an […]

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 PC 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 PC 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 PC 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 PC partner Jacqueline Greenberg Vogt in Band 1 for New Jersey construction law.

Jacqueline Greenberg Vogt and Boris Peyzner co-author article for New Jersey Law Journal titled “From Clouded Titles to Clear Solutions: Defending Against Construction Liens”

April 24, 2024

Construction liens pose significant challenges for property owner, as they create a cloud on the property’s title, obstruct financing, interfere with project progress, and cause extra expenses. What measures can be taken to lessen these impacts? In their latest article for the New Jersey Law Journal, Jacqueline Greenberg Vogt, Chair of the Construction Law Group […]

5 Benefits of Arbitration for Construction disputes

January 29, 2024

In the complex world of construction, disputes are almost inevitable. Did you know that a staggering 98% of projects face cost overruns or delays and 70% ending up with claims? In the post-pandemic era, construction projects are increasingly leading to litigation, ranking the industry third in both count and cost of legal filings among all […]

Surety Performance and Payment Bonds

January 12, 2024

Surety Performance and Payment Bonds play a crucial role in the construction industry, safeguarding project owners from financial losses in the event of contractor default. These bonds, such as performance and payment bonds, ensure that projects are completed within budget and according to plans. Learn how these bonds safeguard project owners, ensure completion within budget, […]

Appellate Division Weighs Public Contract Bid Rules in Issue of First Impression

December 5, 2023

On November 30, 2023, the Appellate Division affirmed the Camden County trial court’s decision in Ernest Bock & Sons-Dobco Pennsauken Joint Venture v. Township of Pennsauken and Terminal Construction Corp., holding that the New Jersey Public Works Contractor Registration Act, N.J.S.A. 34:11-56.48 to -56.57 (“PWCRA” or the “Act”), applies to a joint venture formed for […]

Unlocking the Secrets to Smooth Construction: Legal Solutions for Delay Challenges

November 8, 2023

Time extension provisions, liquidated damages clauses, and dispute resolution mechanisms are just some of the important ways that skilled construction attorneys can help address delays that inevitably occur on almost every construction project.  Construction projects can often encounter unexpected delays that can lead to significant financial and legal consequences.  Delays can result from a variety […]

Further Guidance on the Buy America Act

August 22, 2023

The Biden-Harris Administration recently issued further guidance on their Buy America Act which presents opportunities for developers, contractors and manufacturers. The Act, intended to invest in our country’s crumbling infrastructure and presumably increase the amount of US-made goods used on and in government contracts should be read and understood carefully by the construction industry as […]

Adding a Financially Capable Entity to Construction Litigation Case for Cost Recovery

August 18, 2023

In a complex construction litigation concerning the termination of a contractor on a $55 million construction project, our client, the project owner, is striving to recover millions of dollars in extra costs resulting from the terminated contractor’s poor work. Jacqueline Greenberg Vogt has successfully persuaded the court to permit the owner to include as a defendant […]

Building or Renovating a Vet Hospital? – The Importance of Construction Project Management

June 20, 2023

Whether renovating existing space or building a new veterinary hospital, using a professional construction manager (“CM”) on your veterinary hospital project increases the potential for successful project completion – on time, within budget and free of financial or legal complications. Construction management is a professional service to oversee the planning, design, and construction of a […]

The Lucky 7 – Construction Contract Must-Haves for Owners”

May 2, 2023

Managing construction risks is crucial for project owners. A successful construction project—one that finishes on time, within budget and without defects in design or construction—is the utmost goal. The clearer the contract, the less likely there will be problems. When the construction contract is properly detailed and provides correct and clear information, without conflicting instructions […]

Fostering Constructive Collaboration in a post-COVID environment

October 25, 2022

How can project owners and contractors safeguard the project, their budget and their business? After COVID-19 struck in 2020, the cost of construction and building materials skyrocketed, driving up project costs. According to the Associated General Contractors of America, the price of construction materials jumped nearly 20% in 2021. This increase came on top of […]

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 […]

These stories are successful case results from our attorneys. Please note that results may vary depending on your particular facts and legal circumstances.

Exploitation of Power of Attorney: Agent Blocking Family Access to Nursing Home Resident

June 6, 2024

In their latest vlog, Mandelbaum Barrett PC Elder Law attorneys, Donald Dennison, Esq. and Dan Stone, Esq. discuss the implications of a Power of Attorney agent weaponizing the document to prevent well-meaning family members from visiting a nursing home resident.

What New Jersey Taxpayers Need to Know About Partnership Income Reporting

May 24, 2024

Staying informed about updates in tax regulations is vital for taxpayers to fulfill their obligations accurately. The recent update from the New Jersey Division of Taxation regarding the reporting of income from partnerships underscores the importance of staying abreast of state-specific requirements. By adhering to these guidelines and seeking professional assistance when needed, taxpayers can effectively navigate partnership income reporting in New Jersey and maintain compliance with state tax laws.

Raj Gadhok to Present for NJICLE’s “What is a Tevis Claim and What Does it Mean for My Divorce?

November 20, 2023

Navigating divorce cases in New Jersey often involves addressing domestic violence and abuse allegations. This is where the Tevis Claim often comes into play. It is essentially a personal injury claim you can bring against your spouse in the divorce complaint if instances of domestic violence have occurred. While opting for a Tevis Claim has […]

Going Green and Staying Out of Legal Trouble: The Art of Green Marketing

November 17, 2023

In today’s environmentally conscious world, green marketing has become a significant trend for businesses aiming to attract eco-minded consumers. Companies often use eco-friendly claims to promote their products and services, but they must tread carefully to avoid lawsuits and maintain their reputation. In this blog, we’ll explore green marketing and suggest some steps companies can […]

Client Alert: Corporate Transparency Act

November 16, 2023

On January 1, 2024, the Corporate Transparency Act (the “CTA”) will become law and will impose reporting obligations which will impact millions of small businesses across the United States. It is critical for business owners to understand the CTA reporting requirements as failure to comply can result in both civil and criminal penalties. If you own […]

Your Health, Your Choice: A Guide to Medicare Open Enrollment

November 7, 2023

The Medicare open enrollment period runs through December 7th, 2023.   Medicare adjusts costs, coverage, and accepted providers on an annual basis. If you have received “Evidence of Coverage,” or an “Annual Notice of Change,” from Medicare, now is the time to review your coverage, and, if necessary, make changes to your Medicare healthcare plan to better […]

Three Major Differences Between Recourse and Non-Recourse Loans

November 1, 2023

Borrower / Guarantor Liability Recourse – The borrower (or guarantor) is personally liable for the full amount of the loan, including any debt remaining after the collateral is foreclosed upon and sold. To satisfy the remaining debt, the lender can look to the individual assets of borrower (or guarantor). Non-Recourse – The borrower (or guarantor) […]

Chris Zona: Becoming a Trial Attorney

October 30, 2023

Despite the absence of legal role models, Chris Zona’s ambition as a trial attorney persisted. Immersed in civil and commercial law from an early age, Chris remained resolute. As a Senior Special Prosecutor, he broadened his horizons, delving into civil and commercial law. Join Chris in this exclusive feature, tracing his trajectory from law school to his adept handling of diverse cases, from serious felonies to complex white-collar offenses and healthcare law.

Navigating Back-to-School Safety: Preventing the Most Common Injuries

August 13, 2023

As the school season kicks into gear, safety should be at the forefront of everyone’s minds. At Mandelbaum Barrett PC, we are committed to ensuring your children have a safe and joyful academic year. While schools are expected to provide a secure learning environment, the reality is that unintentional injuries can occur on school grounds, around buses, and even in the neighborhood. It’s a collective responsibility of parents, students, school staff, and the community to take proactive measures to safeguard our children.

Navigating the Shifting Terrain of Subchapter V: Vincent J. Roldan Sheds Light on Conflicting Court Rulings in the ABI Law Journal

June 26, 2023

Discover the latest in the still-evolving landscape of Subchapter V. This insightful article, published in the American Bankruptcy Institute Law Journal, examines the application of nondischargeability provisions to corporate debtors. Written by Vincent J. Roldan, a Partner in Mandelbaum Barrett PC’s Bankruptcy and Creditors Rights, and Banking and Financial Services groups, this piece sheds light on conflicting court […]

Insights from William Barrett: New York County Dental Society Article Explores Cybersecurity Risks in Dental Practices

June 22, 2023

Dental health professionals handle a vast amount of sensitive patient data, ranging from personal information to medical records. To protect themselves and their patients, it’s important for them to understand cybersecurity risks and take appropriate measures. Staying aware of the latest threats and trends is crucial for adequate protection. Learn about some of the ways […]

Professional Liability Insurance for Dentist Owners: Types of Coverage Recommended

March 23, 2023

As a dentist owner of a practice, your top priority is to provide quality dental care to your patients. However, despite your best efforts, malpractice lawsuits can still occur. Therefore, it is crucial to have professional liability insurance to protect yourself, your practice, and your employees from the financial burden of a lawsuit. In this […]

Filial Responsibility: Requiring Adult Children to Pay for Aging Parents’ Care

July 6, 2022

Did you know that in many states you could be responsible for your parents’ unpaid medical bills? In fact, more than half of all states currently have laws making adult children financially responsible for their parents, including their parents’ long-term care costs. However, these laws are rarely enforced. Notably, New Jersey does not have filial […]

Top 5 Tips for Commercial Real Estate Brokers for Achieving Better Exclusive Listing Agreements

July 5, 2022

Any Exclusive Listing Agreement should cover both a sale and a lease. Deals change and you want to be protected for either scenario. The Exclusive Listing Agreement must have a definitive end date and cannot contain automatic renewals. As to payment of the commission on a sale, include language that the commission will be paid […]

The Tax Consequences of Selling a House After the Death of a Spouse

July 5, 2022

If your spouse dies, you may have to decide whether or when to sell your house. There are some tax considerations that go into that decision.  The biggest concern when selling property is capital gains taxes.  A capital gain is the difference between the “basis” in property and its selling price. The basis is usually […]

WHAT IS THE AMERICAN ACADEMY OF MATRIMONIAL LAWYERS AND WHY SHOULD YOU HIRE ONE OF THEIR FELLOWS?

July 5, 2022

AAML is a national organization with chapters in most states.  There are approximately 1,650 Fellows in the United States and 52 Fellows in New Jersey.  Our Family Law Co-Chair Lynne Strober is proud to be one of those Fellows. The AAML is dedicated to providing and promoting the highest degree of professionalism and excellence in […]

Spring 2022 Vet Law Newsletter

March 24, 2022

Momentum: Our Year in Review

March 24, 2022