Construction & Commercial Real Estate Law Blog

---

What is Inverse Condemnation and How is it Applied When Ownership of the Land Changes?

by Gary Nissenbaum | May 10, 2024 | Construction & Commercial Real Estate Law Blog

In an unpublished opinion, the Appellate Division of the Superior Court of New Jersey addressed the difficult issues surrounding inverse condemnation. Inverse condemnation is when a property owner is deprived of all or substantially all of the beneficial use of the...

Is a homeowner who retains and manages contractors for his own home improvement project able to enforce his rights under the New Jersey Consumer Fraud Act (CFA) and New Jersey Contractor’s Registration Act?

by Gary Nissenbaum | May 10, 2024 | Construction & Commercial Real Estate Law Blog

In a published case, the Appellate Division of Superior Court of New Jersey determined that even though a homeowner may have acted as a “contractor” for his own project by retaining and managing all the other contractors, nevertheless, he still had the protections of...

What is a Quit Claim Deed and How is it Used?

by Gary Nissenbaum | May 29, 2014 | Construction & Commercial Real Estate Law Blog

How do you sell something you don’t know if you own? That may sound like a nonsensical question, but there are many situations in which it comes up under the law. The typical example is with respect to real estate. Many times the real estate records do not tell the...

Can a Subcontractor Collect Money it is Owed Without Providing Evidence of Why it is Owed that Sum?

by Gary Nissenbaum | Feb 5, 2014 | Construction & Commercial Real Estate Law Blog

When asserting damages under the New Jersey Prompt Pay Act, what evidence should be submitted to the Court? That issue was discussed in United States v. APS Contracting, Inc., CIV. 11-779-KMW, 2013 WL 530576 (D.N.J. Feb. 11, 2013). In that case, Plaintiff, Cardinal...

If a Home Improvement Contract Violates the Requirements of the Consumer Fraud Act May the Contractor Recover for the Value of the Services Rendered?

by Gary Nissenbaum | May 14, 2013 | Construction & Commercial Real Estate Law Blog

The Consumer Fraud Act (“CFA”) aims to protect New Jersey consumers from unfair and unethical trade practices. In part, the CFA attempts to do this by requiring businesses to disclose certain information in writing when dealing with consumers. The CFA’s goal is to...

Are New York Property Owners Entitled to Common Law Indemnification for a Third Party’s Injury by a General Contractor if That General Contractor Did Not Control or Supervise the Worksite?

by Gary Nissenbaum | Apr 29, 2013 | Construction & Commercial Real Estate Law Blog

In McCarthy v. Turner Construction, Inc., 17 N.Y. 3d. 369 (2011), Boston Properties, Inc. and Time Square Tower Associates, LLC (collectively “Property Owners”) leased a retail storefront to Ann Taylor, Inc. (“Ann Taylor”). Subsequently, by agreement...