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 that 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 non-compliance.
Rogers, Habas & Eisen, PC has 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 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.
Construction Debt Collection
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 non-payment, 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 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 that has not been timely paid, but you need to know your rights and must act on them quickly.
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.
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 improved (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 to assist contractors and supplier to secure their lien interests. Likewise, we are able to help homeowners that may have had an unlawful, improper or invalid lien filed against his or her property.
This is just a brief overview of the construction-related services Rogers, Habas & Eisen can provide. Contact our office directly to discuss your specific issues and needs.