Pay-if-Paid Clause in Construction Contract Found to Be Enforceable

Pauline Tutelo | Marshall Dennehey Key Points: Recently, the New Jersey Appellate Division ruled on the enforceability of a “pay-if-paid” provision contained in a construction contract. See JPC Merger Sub LLC v. Tricon Enterprises, Inc., 286 A.3d 1186 (N.J. Super. App. Div. 2022). The facts of this case tell a familiar story. However, the issues they… Continue reading Pay-if-Paid Clause in Construction Contract Found to Be Enforceable

New Jersey Appellate Division Confirms Enforceability of Pay-if-Paid Provisions

Jacob Perskie and Lauren Wright | Fox Rothschild In a case of first impression, the New Jersey Appellate Division has finally formally recognized the enforceability of pay-if-paid clauses in New Jersey, so long as those clauses clearly and unambiguously establish a condition precedent to payment of the subcontractor. JPC Merger Sub LLC v. Tricon Enter., Inc.,… Continue reading New Jersey Appellate Division Confirms Enforceability of Pay-if-Paid Provisions

Bill Would Impose Significant Apprenticeship Requirements on New Jersey Contractors

Russell McEwan | Littler Mendelson PC | January 7, 2019 On December 17, 2018, the New Jersey Legislature paved the way for a game-changing prerequisite for N.J. public works contractors. The State Assembly and Senate passed Assembly Bill A-3666 and forwarded it to Governor Murphy for his signature. If signed into law as is expected,… Continue reading Bill Would Impose Significant Apprenticeship Requirements on New Jersey Contractors

Insurer’s Summary Judgment Motion to Reject Claim for Construction Defects Upheld

Tred R. Eyerly | Insurance Law Hawaii | July 23, 2018 The Third Circuit upheld the district court’s order granting summary judgment in favor of the insurer on a claim seeking coverage for construction defects. Lenick Constr. v. Selective Way Ins. Co., 2018 U.S. App. LEXIS 15197 (3d Cir. June 6, 2018). Westrum was the general… Continue reading Insurer’s Summary Judgment Motion to Reject Claim for Construction Defects Upheld

New Jersey’s Highest Court Scrutinizes Statutes of Limitation and the Discovery Rule in Construction Defect Cases

Robert C. Neff, Jr. | Wilson Elser | July 11, 2018 The typical construction defect case presents an up-front analytical challenge: the defense attorney is presented with boxes of project materials, perhaps an extensive case history and prior discovery, and likely an unhappy (but these days, resigned) client. So you start with the basics: a… Continue reading New Jersey’s Highest Court Scrutinizes Statutes of Limitation and the Discovery Rule in Construction Defect Cases

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