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New Jersey Court Upholds Registration Requirement for Joint Ventures Bidding on Public Works Contracts

Published Date: December 4, 2023

Introduction In a matter of “first impression,” on November 30, 2023, the Appellate Division affirmed the New Jersey Superior Court decision in Ernest Bock & Sons-Dobco Pennsauken Joint Venture v. Township of Pennsauken and Terminal Construction Corp., finding 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 [...] Read More

Contractor or Employee: Understanding the Fine Line in Construction Relationships

Published Date: November 29, 2023

This article was written for the Texas Contractor and first appeared here. “We don’t have any employees; all our work is done by contractors.” It’s an old trope, but if I had a dollar for every time a construction contractor said that to me, I’d have a whole lot of dollars. Contractors may recognize numerous benefits to having a workforce [...] Read More

Wyncrest Commons: Commonly Used Progress Payments in Construction Contracts Do Not Render Them Installment Contracts

Published Date: November 22, 2023

In BIL-JIM Construction Company, Inc. v. Wyncrest Commons, LP, 2023 WL 7276637 (Unpublished, decided November 3, 2023), the New Jersey Appellate Division was asked to consider two issues regarding the interpretation and application of a construction contract that utilized the standard form American Institute of Architects owner/contractor agreement (AIA Document A101-2007) (the “AIA Contract”). Specifically, it was asked to consider: [...] Read More

The Contractor’s Contingency: What Contractors and Construction Managers Need to Know and Be Wary Of

Published Date: November 15, 2023

This article was written for the ConsensusDocs newsletter and first appeared here. Contractors and construction managers who enter into cost reimbursable contracts subject to a guaranteed maximum price (GMP) are responsible for all project costs exceeding the GMP. For this reason, it is imperative that contractors negotiate and incorporate into the GMP a financial buffer that accounts for the unanticipated [...] Read More

Stale Bids: The Offer They Didn’t Refuse

Published Date: November 15, 2023

This article was written for the Texas Contractor and first appeared here. So you’ve been awarded the contract, and you’ve lined up your subs and suppliers. But now, you and the team are in a holding pattern. Perhaps the owner hasn’t obtained the required permits or economic developments are impacting funding. Maybe you don’t have any explanation. We are seeing [...] Read More