Thanks again to Sean Lintow (@the_htrc) for another chance to post at his great blog. This time I’m “musing” on what I do as a construction attorney and how I can help construction professionals. Here’s a bit of the post: Despite my advice to talk to me early rather than late, my first contact with […]
New Jersey’s Independent Contractor Rule
For this week’s Guest Post Friday here at Musings, we welcome back Bennet Susser. Bennet is a founding member and shareholder of the New Jersey law firm, Jardim, Meisner & Susser, P.C. He has over 25 years’ experience in representing clients in all types of complex (and not so complex) litigation, including those involving construction […]
Reminder: Make Note of Your Notice Requirements
As you probably have guessed, I review a lot of construction contracts. As a Virginia construction attorney, I hope that I get to review these contracts either during the drafting process or prior to my construction clients signing them. Why? Because as I’ve “mused” many times before, I can add value and help my clients […]
Differences in Types of Damages Matter
Over the last 7 and a half years (yes I have been doing this for that long), I have often “mused” on various contractual provisions and their application. Why? Because the contract matters and will be enforced. Provisions like “no damages for delay” and “pay if paid” litter construction contracts and will be enforced if […]
A Relatively Small Exception to Fraud and Contract Don’t Mix
Remember all of my posts about how fraud and contract claims don’t usually play well in litigation? Well, as always with the law, there are exceptions. For instance, a well plead Virginia Consumer Protection Act claim will survive a dismissal challenge. A recent opinion out of the Alexandria division of the U. S. District Court […]