Construction Law

Deportation Fears Drive Labor Shortages & Rising Costs

March 25, 2025

The Impact of Deportation Fears on the Construction Workforce As the construction industry faces an evolving labor shortage, concerns about deportation are exacerbating the challenge. Increased fear of deportation is impacting the availability of skilled workers, which could lead to rising labor costs and a chilling effect on new projects. Rising Labor Costs and Project […]

Tariffs Expected to Impact Construction Costs

March 18, 2025

The Impact of Tariffs on Construction Costs As construction costs continue to soar, the industry is bracing for even sharper increases in 2025. Tariffs on key materials—iron, steel, and lumber—are expected to drive up construction expenses significantly, placing pressure on profitability across the sector. Rising Costs and Declining Profitability The tariffs on these essential materials […]

Women in Construction: Addressing the Workforce Gap

March 7, 2025

With more open jobs than there are workers to fill them, the construction industry must take action to attract, retain, and promote women in the field. The labor shortage is one of the most pressing challenges in construction today, yet poor leadership and systemic barriers continue to push women out instead of fostering their success. […]

Addressing Labor Shortages in Construction: How to Protect Your Projects and Contracts

January 24, 2025

On January 24, 2025, the Associated Builders and Contractors (ABC) announced that the construction industry urgently needs to hire 439,000 workers to meet its 2025 demand. This highlights the significant challenges posed by ongoing labor shortages. Project owners and contractors should be aware that construction labor shortages could lead to delays in project timelines and […]

Preventing and Resolving Construction Disputes: Types of Insurance in Construction Contracts

October 29, 2024

Key Insurance Types for Construction Construction projects often involve numerous risks, but various insurance policies are designed to mitigate these. Common policies include: Each policy type is tailored to address specific areas of risk, ensuring comprehensive protection for both contractors and project owners. Coverage for Construction Site Risks While construction insurance covers many risks, it […]

Preventing and Resolving Construction Disputes: Types of Damages in Construction Contracts

October 18, 2024

Construction projects are complex and, when issues arise, it’s crucial to understand the different types of damages and how they are calculated. Whether you’re an owner or contractor, knowing the types of damages you may claim or might face can help you prevent financial losses and resolve disputes effectively. Here’s a breakdown of the key […]

Preventing and Resolving Construction Disputes: Understanding Liability

October 14, 2024

Construction projects involve many moving parts, and when things go wrong—such as defects or failures—it’s crucial to understand who may be liable. Whether you’re a contractor, designer, owner, or manufacturer, each party has specific responsibilities that, if not fulfilled, could lead to disputes. Here’s a breakdown of the key types of liabilities and what they […]

The Importance of Construction Project Management for Building and Renovating Veterinary Hospitals

August 28, 2024

A successful building or renovation completion is defined as one that is on time, within budget, and free of financial or legal complications. Veterinarians, as skilled as they are in veterinary medicine, are not typically experienced in running a building or renovation project. Construction management is a professional service that may be used by vets […]

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 […]

Cannabis Safety in New Jersey – CRC’s Updated Testing and Compliance Standards

April 4, 2025

The cannabis industry in New Jersey is undergoing a transformation, with an increased emphasis on safety, transparency, and quality assurance. During its February 18th public meeting, the New Jersey Cannabis Regulatory Commission (“CRC”) released the full, updated cannabis lab testing guidance (the “Testing Guidance”), which provides further clarification to existing regulations to ensure consumer safety and boost public confidence in cannabis products. These measures come in response to mounting concerns about contamination, including mold, pesticides, heavy metals, and the reliability of potency claims, especially in light of the June 29, 2024, recall of various Green Joy products.

Will Antitrust Uptick Continue in Trump’s Second Term?

March 20, 2025

In a recent article for the New Jersey Law Journal, Christopher T. Zona, a partner in the Litigation Department of Mandelbaum Barrett PC, explores whether the federal government will maintain its recent uptick in antitrust enforcement under President Trump’s second term. Zona examines the implications of recent administrative actions and their potential impact on antitrust regulation.

NJ Lawmakers Weigh New Cannabis License Approval Process

March 18, 2025

New Jersey lawmakers are considering a bill that could significantly impact the cannabis industry by simplifying the approval process for medical dispensaries to sell adult-use cannabis. Currently, these businesses must secure local approval before expanding, but under the proposed legislation, that decision would rest solely with the New Jersey Cannabis Regulatory Commission (CRC). Joshua Bauchner, Chair of the Cannabis & Psychedelics Practice Group at Mandelbaum Barrett PC, shared his perspective on the issue in the NJBIZ article, “NJ Lawmakers Consider New Option for Cannabis License Approvals.”

New York’s Cannabis Regulations: Understanding the Amendments to Proximity Requirements and Public Convenience and Advantage Rules

March 6, 2025

New York’s Cannabis Control Board (“CCB”) amended its cannabis regulations to refine licensing criteria, adjust distance restrictions, and strengthen public convenience and advantage considerations. These amendments aim to promote economic development, ensure an orderly expansion of the market, and mitigate unintended consequences such as market oversaturation and inequitable access. The changes reflect New York’s commitment to fostering a balanced, competitive, and transparent cannabis industry while incorporating public and municipal input into the regulatory framework.

Navigating Family Disputes: Wills, Trusts, and Finding the Right Solution

February 3, 2025

When it comes to estate planning, family dynamics can complicate the process. Steven Holt, Chair of Tax, & Trusts and Estates at Mandelbaum Barrett, addressed two crucial issues families often face in his recent contributions to NJ Money Help. These articles provide valuable insights for those navigating the challenges of wills, trusts, and family disputes.

New Jersey CRC to Open Applications for Cannabis Consumption Areas: Key Details You Need to Know

February 3, 2025

In a recent JD Supra article titled “New Jersey CRC to Open Applications for Cannabis Consumption Areas: Key Details You Need to Know,” Natalie Diaz of Mandelbaum Barrett PC’s Cannabis Hemp and Psychedelics group provides an insightful overview of the upcoming application process for cannabis consumption area endorsements in New Jersey. The New Jersey Cannabis Regulatory Commission (CRC) has announced that starting January 2, 2025, applications will be accepted to establish regulated spaces where adults aged 21 and older can consume cannabis products purchased from licensed dispensaries.

NY1: Cannabis Attorney Weighs In on Recent Judge Decision Ruling Raids on Licensed Hemp Stores Illegal

January 23, 2025

Joshua S. Bauchner, Chair of Mandelbaum Barrett’s Cannabis, Hemp, and Psychedelics Practice Group, was highlighted in NY1 regarding a significant court ruling that bars warrantless searches of licensed hemp stores. In the wake of this significant decision, Fatima Afia, a cannabis attorney from the Rudick Law Group, spoke with political reporter Bobby Cuza on “Inside City Hall,” highlighting the implications for New York’s hemp industries. The ruling from an upstate judge, which found that state cannabis regulators lacked the authority to conduct these raids without warrants, is a crucial victory for licensed hemp businesses and a strong affirmation of constitutional protections.

BLOOMBERG LAW: NYC Sheriff Barred From Warrantless Hemp Business Searches

January 15, 2025

In a significant legal victory for New York’s hemp industry, Joshua S. Bauchner, Chair of Mandelbaum Barrett PC’s Cannabis, Hemp, and Psychedelics Practice Group, was vital in securing a ruling that prohibits the New York City Sheriff’s Office and the Office of Cannabis Management (OCM) from conducting warrantless searches and seizures of licensed hemp businesses. Representing hemp retailers in the case, Bauchner helped ensure that these businesses are shielded from unconstitutional overreach as mentioned in the Bloomberg Law article, “NYC Sheriff Barred From Warrantless Hemp Business Searches”. The ruling by Albany County Supreme Court Justice Thomas Marcelle found that the actions of the sheriff’s office were likely unconstitutional, further protecting the rights of licensed hemp operators in New York.

Hemp Victory: New York State Supreme Court Enjoins OCM and NYC Sheriff’s Office Warrantless Raids on Hemp Licensees Finding Violation of the Fourth Amendment

January 13, 2025

A New York State Supreme Court Judge this morning issued an injunction against Respondents, the NYS Cannabis Control Board (“CCB”),the Office of Cannabis Management (“OCM”), and the New York City Sheriff’s Office, finding their warrantless, armed raids on State-licensed hemp operators violate the Fourth Amendment’s prohibition of warrantless searches and seizures.  The Court held that […]

Top 10 Things Engaged Couples Need to Create a Prenuptial Agreement

January 9, 2025

Engagement season is a time of joy and excitement, as couples celebrate their love and plan for a future together. Amid the whirlwind of wedding planning, one practical step that can strengthen your partnership is creating a prenuptial agreement. While it may not seem romantic, a prenup fosters open communication and provides clarity for your financial future, helping to build a solid foundation for your marriage.

Holiday Season Engagements: What You Need to Know About the Rules of Engagement Rings

December 20, 2024

In New Jersey, engagement rings are treated as conditional gifts. If the engagement is called off, the ring must be returned to the giver because the condition—marriage—was not fulfilled. While New Jersey courts generally focus on the conditional nature of the gift, fault can sometimes be considered when determining who keeps the ring. For example, if the giver’s actions directly caused the engagement to end, they may forfeit their right to reclaim the ring (NJ Law Journal). Proving intent beyond a ring being a gift conditioned on the marriage taking place can be challenging.

Managing Abandoned Tenant Personal Property: A Comprehensive Guide for Landlords

October 25, 2024

Partner and Chair Michael A. Saffer, Partner Ryan M. Buehler, and Associate Marlene M. Arabia were prominently featured in Issue 4 of the New Jersey Apartment Association’s Apartment Industry Magazine, representing the Landlord-Tenant practice group at Mandelbaum Barrett PC. The piece titled “What Can I Do With All the Personal Property My Tenant Left Behind?” […]

Enhance Your Cybersecurity: Join CIO Tom Brennan at the NYC 2024 Joint Cyber Security Conference

August 22, 2024

On September 26th, 2024, join Tom Brennan, Chief Information Officer of Mandelbaum Barrett PC, at the NYC 2024 Joint Cyber Security Conference. Held at the Microsoft Technology Center in Times Square, this conference offers an opportunity to discover the Center for Internet Security (CIS) Version 8 Controls. Tom will provide practical insights on implementing these […]

Unlock Your Business’s Future: Join Our Exit Strategies Seminar on September 18th

August 16, 2024

Great News for Business Owners! We’re excited to bring back our highly anticipated “Exit Strategies for Business Owners” seminar on September 18, 2024, at Il Tulipano in Cedar Grove, NJ! Come learn from industry experts and successful business owners who will be sharing their experiences and advice on selling a business. This seminar is a […]

Diverse Clients, Diverse Needs: IP Law Across Industries

August 14, 2024

Explore the dynamic world of intellectual property law with Todd M. Nosher and Lucian C. Chen, who leverage their deep scientific backgrounds to navigate diverse industries—from pharmaceuticals to toys. Their insights underscore the vital role of strategic IP management in driving innovation and protecting client interests across evolving markets.

Touchdown on IP: The Legal Playbook for Upcycling in Fashion

July 24, 2024

In the evolving world of fashion, upcycling has sparked a revolution, blending creativity with sustainability. However, as consumers flock to these unique products, complex IP challenges emerge. Lucian C. Chen and Karen Chen explore these legal intricacies, offering vital guidance on navigating licenses, consumer perceptions, and brand integrity in this burgeoning industry.

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