Author: Paul W. Norris
The New Jersey Prompt Payment Act
Posted in Construction Litigation, Litigation
While many contractors may not be aware of the existence of the New Jersey Prompt Payment Act, its application to construction litigation where payment is sought under either a general-contract or sub-contract is important to the industry.
Undue Influence in a Will Contest
Posted in Probate Litigation, Trusts & Estates
One of the potential causes of action pursuant to which a party may seek to invalidate a Will is based upon an allegation that undue influence was exerted against the Decedent by a beneficiary to the disputed Will.
Common Pitfalls Made by Executors of Estates
Posted in Probate Litigation
Typically, the Executor of an Estate named by a Will has little or no prior experience in administering an Estate. As such, this somewhat complex process lends itself to the possibility of errors being made by the Executor or Executrix which could result in litigation. The purpose of this blog… Continue reading
How to Remove an Invalid Construction Lien
Posted in Construction Litigation, Litigation
As the owner of a parcel of property, you might someday be faced with a scenario wherein a construction lien filed by a contractor who performed work for you was either improperly filed, or is simply invalid on its face. The issue becomes what is the proper way to remove… Continue reading
The Elective Share of Surviving Spouse
Posted in Probate Litigation
Under New Jersey Law, a surviving spouse or domestic partner may be entitled to an elective share of their spouse’s or partner’s Estate, pursuant to N.J.S.A. 3B:8-1, in lieu of a distribution under their Will. Pursuant to the Elective Share statute, a spouse or domestic partner may take their share… Continue reading
“Release and Refunding Bond” and the Right to an Accounting
Posted in Probate Litigation
Prior to receiving a distribution from an Estate, the Executor will often require a beneficiary to sign a “Release and Refunding Bond.” Continue reading
Drafting a Will for a Family Member
Posted in Probate Litigation
Often times, attorneys may be bombarded by family members or relatives with requests to provide free legal services which a family member or relative may request. One typical request might be that a family member may request if the attorney could draft a Will for them. While this may seem like a simple and good idea, it is one that could have disastrous consequences which could lead to future Estate Litigation. Continue reading
The Economic Loss Doctrine
Posted in Litigation
Although firmly established within New Jersey Jurisprudence, the “Economic Loss Doctrine” is often overlooked by overzealous Plaintiffs who attempt to file Tort Claims in simple Breach of Contract cases. The “Economic Loss Doctrine” provides that if the factual foundation for the Cause of Action is contractual in nature, than in that event, the Parties are foreclosed from pursuing Tort Claims which are based upon the same facts. T Continue reading
The Seller’s Disclosure Statement
Posted in Construction Litigation, Litigation, Real Estate
The completion of the Seller’s Disclosure Statement is a task that is often taken lightly by a Seller of residential real estate when they are preparing to sell their house. In fact, many individuals when faced with completing this task give it little thought and complete it in a cursory fashion. What a Seller should be aware of, however, is that any misstatement of fact, whether intentional or not may subject a Seller to liability post-closing. In the State of New Jersey a Seller of residential real estate has a duty to disclose any and all latent defects with regard to the condition of their property. A latent condition is a condition that is not otherwise observable, or in essence, hidden. Examples of latent conditions are radon contamination, underground oil tank leaks, or a history of water problems. Continue reading
