A general contractor has entered into a construction contract with a public entity in New Jersey and the work commences. As be the case, there are delays on the project. Very often, the public entity seeks to collect damages from the general contractor for such delays while the contractor seeks extra time. Less often, as…

In the recent era of difficulty in some sectors of the commercial real estate market, lending institutions and borrowers are faced with difficult litigation decisions with respect to foreclosure and deficiency actions. With defaulting commercial real estate loans secured by property which cannot be sold or can be sold only at substantial discounts, lenders are…

Real estate developers and construction contractors in New Jersey have long faced significant risks with respect to personal liability arising out of their companies’ work. The New Jersey Supreme Court in Allen v. V & A Bros., Inc. recently confirmed that personal liability under New Jersey’s Consumer Fraud Act (“CFA”) for the principals and certain…

The New Jersey Cooperator, the Condo. HOA & Co-op Monthly, September 2012. Q We are a small, self-managed association that has a complicated problem that needs to be solved. The problem concerns the 25th garage and the association’s inability to obtain this particular garage. The original architect built 24 garages for every one of the…

Determining which litigant is entitled to attorney fees in commercial lease disputes A well-drafted and negotiated commercial lease typically includes a provision entitling the prevailing party in litigation to an award of attorney fees. In many complex lease interpretation cases, the issue of prevailing-party attorney fees is a driving force in the settlement of disputes,…

By Jason T. Shafron, Esq. Q Periodically, the board of directors of our condominium encounters a situation where water leaks intermittently from one apartment to the apartment directly beneath (and/or adjacent units). More often than not, this is due to water dripping onto the bathroom floor or lack of maintenance of caulking around fixtures or…

By Jason Shafron Mold Verdict Issued in New Jersey Case A Bergen County, New Jersey jury in November rendered a $1.3 million dollar verdict against a cooperative corporation and its management company for failing to remediate a longstanding water problem that led to mold growth and exposure for a Fort Lee couple. The owners of…

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