Construction Disputes We Litigate
Construction Defect Claims
When contractors, subcontractors, or developers deliver defective work — whether structural failures, water intrusion, faulty foundations, or code violations — we pursue claims for the full cost of repair, diminution in value, and consequential damages. We represent homeowners, commercial property owners, and condominium associations.
Payment Disputes & Mechanic's Liens
Contractors, subcontractors, and suppliers who have not been paid for work performed or materials supplied have powerful remedies under New Jersey law, including the right to file a mechanic's lien against the property. We enforce payment rights and defend against improper lien claims on behalf of both property owners and contractors.
Construction Contract Disputes
Disputes over scope of work, change orders, completion timelines, and contract terms are among the most common sources of construction litigation. We represent owners, general contractors, and subcontractors in breach of contract claims arising from residential and commercial construction projects.
Contractor Fraud & Consumer Protection
New Jersey's Consumer Fraud Act applies to home improvement contractors. Contractors who misrepresent their qualifications, abandon projects after receiving payment, or perform substandard work may be liable for treble damages and attorney's fees under the CFA. We pursue these claims aggressively on behalf of homeowners.
Commercial Construction Disputes
Commercial construction projects involve complex contracts, multiple parties, and significant financial exposure. We represent developers, commercial property owners, and contractors in disputes arising from commercial construction projects — including delay claims, liquidated damages disputes, and termination for cause or convenience.
Construction Litigation in State & Federal Court
We handle construction disputes in New Jersey Superior Court and, where jurisdiction is appropriate, in the U.S. District Court for the District of New Jersey. We are prepared to take cases to trial when settlement is not in our client's best interest.
Construction Litigation FAQ
What is a mechanic's lien and how does it work in New Jersey?
A mechanic's lien is a security interest in real property granted to contractors, subcontractors, and suppliers who have provided labor or materials to improve the property and have not been paid. In New Jersey, the Construction Lien Law (N.J.S.A. 2A:44A-1 et seq.) governs the filing and enforcement of construction liens. A properly filed lien attaches to the property and must be satisfied before the property can be sold or refinanced. Strict deadlines apply — generally 90 days from the last date of work or material supply.
Can I sue a contractor under the NJ Consumer Fraud Act?
Yes. The New Jersey Consumer Fraud Act applies to home improvement contractors. If a contractor engaged in unconscionable commercial practices, misrepresentation, fraud, or deception in connection with a home improvement project, you may be entitled to treble (triple) damages plus mandatory attorney's fees. Common CFA violations include abandoning a project after receiving payment, performing work that does not conform to the contract, and misrepresenting qualifications or licensing.
What is the statute of limitations for construction defect claims in New Jersey?
The statute of limitations for construction defect claims in New Jersey is generally six years from the date the defect was discovered or should have been discovered (the 'discovery rule'). However, New Jersey also has a 10-year statute of repose for construction claims, meaning claims generally cannot be brought more than 10 years after the construction was substantially completed, regardless of when the defect was discovered. Prompt action is important.
What can I recover in a construction defect lawsuit?
In a construction defect lawsuit, you may recover: (1) the cost of repair or remediation; (2) diminution in the property's value if repair is not feasible; (3) consequential damages such as temporary housing costs, lost rental income, or business interruption; (4) in cases involving contractor fraud under the NJ Consumer Fraud Act, treble damages and attorney's fees.
A contractor abandoned my project after I paid a deposit. What can I do?
Abandonment after receiving payment is one of the most common forms of contractor fraud in New Jersey. You may have claims for breach of contract, fraud, and violation of the NJ Consumer Fraud Act. The CFA is particularly powerful in these situations because it provides for treble damages and mandatory attorney's fees. You should also file a complaint with the NJ Division of Consumer Affairs and check whether the contractor was licensed and bonded.
Do I need an expert witness in a construction defect case?
In most construction defect cases, expert testimony from a licensed engineer, architect, or contractor is necessary to establish the existence of a defect, its cause, and the cost of repair. We work with qualified construction experts to build strong, well-documented cases for our clients.