For this week’s Guest Post Friday here at Musings, we welcome 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 actions. His Construction Law Practice Group has deep experience in the representation of property owners, developers, homeowners, design professionals, materials manufacturers, contractors and subcontractors in connection with construction of high-rise and other residential developments, condominium conversions of older rental properties, commercial property, mixed-use projects, and governmental buildings. Issues handled include: construction defects and deficiencies related to residential and commercial construction, including roofing defects, water intrusion, and structural life safety; construction delays; liens; hurricane recovery and rebuilding; insurance coverage disputes, including negotiation and resolution of insurance claims related to rebuilding; mold and mildew claims; and construction contracts and related documents, including loan documentation.
Not too infrequently, an owner or developer of commercial or residential property engages a general contractor with reference to a construction project. The parties enter into a written agreement that often provides for a mandatory arbitration provision to resolve all disputes. In order for the general contractor to carry out its duties, it, in turn, engages subcontractors, also by written contract which contains a mandatory arbitration clause. There is no direct contract between the owner/developer and the subcontractor.
