Construction Law and Litigation
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We Know Construction Law In New York And New Jersey

The construction industry is controlled by many complex laws and regulations. In addition, various states, counties and municipalities often have their own specific rules. For an individual who is not well-versed in the industry or familiar with its terms, a simple renovation project may seem completely overwhelming and unmanageable. Even seasoned construction professionals may be unaware of all of these requirements and can often face the harsh consequences that result from noncompliance.

At Rogers, Habas & Eisen, P.C., in Orangeburg, our attorneys have extensive experience representing homeowners, material suppliers, small-business owners specializing in specific trades, as well as large general contracting firms. Each of these clients has different needs and requires unique considerations. Our knowledgeable attorneys can advise every type of client regarding all kinds of issues pertaining to construction projects in both New York and New Jersey.

Rogers, Habas & Eisen, P.C., can assist you with drafting your construction or home renovation agreement. We can conduct research and advise you whether the company you are about to hire is licensed or if it has had complaints lodged against it in the past. We can collect your outstanding receivables, preserve your claims for additional compensation, or advise you on the proper steps needed to file a bond claim or construction lien on both public and private projects.

Performance / Payment Disputes

When a construction project begins, the parties involved generally are not expecting to encounter issues with payment. Often contractors on a specific project will know each other and may even have developed a solid business relationship. Sometimes, however, unforeseen issues arise that result in nonpayment, even if your company has fully performed your obligations under the contract. Maybe the general contractor underbid the project, or the owner has failed to pay the general contractor for your work. Even worse, maybe one of the parties is doing something improper and is looking to enrich itself at your company’s expense. There are state-specific laws in both New York and New Jersey that can protect a contractor who has not been timely paid, but you need to know your rights and must act on them quickly.

Termination and Abandonment Issues

When a construction project begins, the parties expect the project to come to be completed properly. However, termination or abandonment issues may arise. A subcontractor or contractor may terminate a contract or abandon the project leaving a party in a bad situation. Our attorneys are well versed in insurance coverage policies and bond forms to secure the impacted party in cases where termination or abandonment exist.

Bond Claims

When a public entity undertakes a construction project, it will likely require the selected general contractor to post some kind of surety bond. There a several types of bonds that may exist on a project, including Bid, Performance and Payment bonds. Each of these bonds serves a different purpose and protects various rights. It is crucial to know how to obtain a copy of the bond, whether your rights are protected by the bond, and if so what steps need to be taken in order to enforce those rights. Sureties will require strict compliance with the notice and enforcement provisions and any mistake could result in rejection of the claim.

Construction Liens

A construction lien is an interest acquired by contractors or suppliers that improve real property. Once properly filed, a lien will act to secure the property as collateral, which may be used to satisfy a judgment for monetary damages. While both New York and New Jersey have developed legislation pertaining to construction liens, the procedures for those states differ greatly. There are also strict filing deadlines and other requirements that vary depending on the type of property involved (e.g., commercial vs. residential). As the law does not allow liens to be filed on publicly owned property itself, there is a separate process by which a public construction lien is secured. Our attorneys’ knowledge of the construction lien process will allow Rogers, Habas & Eisen, P.C., to assist contractors and suppliers to secure their lien interests. Likewise, we are able to help homeowners who may have had an unlawful, improper or invalid lien filed against his or her property.