by Gary Nissenbaum | Jun 29, 2012 | Construction & Commercial Real Estate Law Blog
The common law doctrine of nullum tempus occurrit regi roughly translates to “no time run against the king.” In the past, that doctrine was enforced when courts determined whether government agencies were barred by the same statutes of limitations as private citizens...
by Gary Nissenbaum | Apr 18, 2012 | Construction & Commercial Real Estate Law Blog
May contractors limit their responsibility for paying another party’s legal fees in situations where that other party’s fault precipitates the cause of action? Recent court decisions suggest that, if the contractor has a narrow indemnification clause in his contract,...
by Gary Nissenbaum | Nov 23, 2011 | Construction & Commercial Real Estate Law Blog
In 2003, the National Conference of Commissioners on Uniform State Laws (NCCUSL) drafted and approved the Uniform Environmental Covenants Act (UECA). UECA was enacted to develop a system of recording environmental covenants for contaminated real properties known as...
by Gary Nissenbaum | Jul 26, 2010 | Construction & Commercial Real Estate Law Blog
A June 30, 2010 case decided by the Appellate Division of the Superior Court of New Jersey, O.A. Peterson Construction Co., Inc. v. Englewood Hospital And Medical Center, 2010 WL 2696758 (N.J.Super., App.Div. 2010) dealt with the issue of whether a contractor can...
by Gary Nissenbaum | Dec 3, 2008 | Construction & Commercial Real Estate Law Blog
Home Improvement Regulation: In an effort to strengthen the protections afforded consumers against wrongful acts by home improvement contractors, the Pennsylvania legislature recently enacted the Home Improvement Consumer Protection Act. The Act, which will become...
by Gary Nissenbaum | Nov 13, 2008 | Construction & Commercial Real Estate Law Blog
New York City has promulgated regulations relating to home improvement contractors, the purpose of which are presumably to protect consumers against contractors’ deceptive and fraudulent practices. However, the requirements go beyond such a prohibition and impose a...
