New Jersey Construction Litigation Lawyer

Before, during and after every construction project, a range of legal issues surface which can affect the outcome of a build. Whether liens, public bidding disputes, preparing and negotiating contract documents, terminations for default or convenience, or defending against claims from the Department of Labor and OSHA, it is imperative that your rights be advocated for. To ensure success, it is crucial that you have an experienced law firm by your side that can effectively handle any and all construction related legal issues in a timely and cost-effective manner.

Bart W. Lombardo Attorney At Law provides highly experienced legal counsel for all construction related parties, including home builders, general contractors, owners, subcontractors, community association, engineers, architects, insurance contractors, bond companies or any other contracting business, public or private. Our team specializes in contract negotiations and disputes, government contracts and bidding processes, homeowner claims, bond issues, and real estate development or transactions. And while our primary goal is to cost-effectively resolve your dispute before resorting to litigation, our team is well versed in complex construction litigative processes as well as other alternative methods of dispute resolution.

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Construction Contracts

One of the most important components to any construction project is the contract. A well-executed contract will protect the interests of all parties involved including the owner, lessee, general contractor, and subcontractors. The purpose of a construction contract is to designate liability and expectations as well as ensure that owners get what they pay for and contractors and subcontractors get paid for the work the do. Well-drafted contracts will provide enforcement mechanisms in the event that a party does not hold up their end of the contract. Construction contracts should include:
Scope of work and outline of performance duties.

  • Payment clauses.
  • Termination clauses.
  • Force majeure provisions.
  • Indemnification or assumed responsibility/ liability.
  • Warranties and bonds.
  • Project changes and change orders.
  • Timing provisions.
  • Flow-down provisions.
  • Consequences for breach and dispute resolution options.

If you are either the owner or the general contractor and are not contract specialists, trust the expertise and guidance of an experienced construction litigation lawyer like Bart W. Lombardo to help draft and execute the contract for you. Contact our office today for more information.

Dispute Resolution

Throughout the construction process, there is a wide range of disputes that can aries. From budget to timeline and other more technical aspects such as warranty issues, fire code violations, electrical issues, roofing and plumbing problems, inspection failures, mold and mildew, and building code violations. When disputes arise, it is difficult for a land or building owner who is not a professional in the construction industry to offer a fair fight. This is where having an experienced construction lawyer on your side is beneficial.

Bart W. Lombardo, Attorney at Law has decades of experience handling construction dispute resolution in New Jersey. To avoid lengthy litigation processes, there are a number of alternate dispute resolution options that he will suggest first.

Mediation

Mediation involves a neutral third-party mediator, to facilitate communication between the disputing parties. This is a private, informal way to attempt to resolve disagreements outside of the courtroom. In a mediation setting, the goal is to allow both parties to be heard and reach a mutual agreement. The mediator should not have a position to either party, not have any stake in the outcome. The mediator’s role is to clarify the main argument points for each party and to help clarify what is important and what is not. Once an agreement is reached, a construction attorney can help draft new contracts or amendments to current contracts.

Arbitration

Arbitration is similar to mediation in that it is an out-of-court alternative dispute resolution process. Arbitration also involves the use of a neutral third party. However, in the arbitration process, the third party is responsible for being the decision-maker and deciding the outcome of the disagreement. In the arbitration process, both parties agree that the arbitrator will decide the outcome and both parties will comply with the decision. Once the arbitrator has declared an outcome, construction attorneys can help draft construction contracts or modify existing ones.

Construction Litigation

If alternative dispute resolutions are not viable options or if one party has breached their obligation as stated in the construction contract agreement, construction litigation is another option. Litigation is the process of using the court system to resolve disputes. During the litigation process, a trial will seek to prove the facts of the case by enlisting the help of construction attorneys, expert witnesses, and evidence gathered.

Bart W. Lombardo, Attorney at Law has decades of experience representing and defending owners, general contractors, and subcontractors caught in construction litigation disputes. For assistance navigating the legal system and getting the justice you deserve, count on the competence and experience that Bart W. Lombardo, Esq. has to offer. Contact the office for your consultation today!

Construction Liens

For a contractor working on a project, securing payment for services rendered can always be difficult. In such cases, the New Jersey Construction Lien Law protects the right of a contractor to file claim for a private lien. A lien places liability upon the owner of a property based upon the value of work performed or materials provided on a project. This prevents the sale or financing of loans on a property, effectively ensuring an owner can’t avert contracting debts. However, for the owed party, the process of filing a lien can become derailed by complex details and legal requirements. To ensure the validity and effectiveness of a claim, the services of a knowledgeable legal counsel are imperative. Conversely, we also provide services for owners or general contractors should a subcontractor file a construction lien.

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Bart W. Lombardo, Esq. has more than 20 years in the commercial construction litigation process. If you need help with the construction contract drafting process, dispute resolution, construction litigation, or construction liens, contact the law office of Bart W. Lombardo, Attorney at Law today!