Report

Public Construction Contracts And Claims, Including Pay-To-Play Limitations In New Jersey

 
Public construction contracts in New Jersey, whether they be contracts for public construction for municipalities and other entities operating under the Local Public Contracts Law, school boards operating under N.J.S.A. 18A:18A-1, et seq., the New Jersey Schools Development Authority or the State, tend to be extremely voluminous and, in many local and school board situations, a patchwork of standard form provisions, statutorily required provisions and favored provisions from the architect’s or attorney’s respective form files. The one common denominator with contract documents on public construction projects is that the document is being prepared by and presented by the owner on essentially a non-negotiable basis. This is a two-edged sword. On the one side, the public owner gets to insert whatever provision it feels is appropriate (with certain exceptions) and any contractor who wishes to perform the work is required to accept those provisions and the risk allocations associated with those provisions. On the other edge, if the provisions are inconsistent, vague or otherwise subject to some level of interpretation, the courts have told us that such interpretations are to go against the “drafter” of the contract language. Accordingly, in a situation where a voluminous contract has provisions ofthe AIA and inconsistent provisions that have been included in other segments provided by the architect or the attorney, the owner may have a difficult time in getting the court to rule in its favor on what it had sought as very favorable terms.

Faculty

James H. Landgraf, Esq.

James H. Landgraf, Esq.

Dilworth Paxson LLP

Agenda

Faculty

James H. Landgraf, Esq.

James H. Landgraf, Esq.

Dilworth Paxson LLP

  • Of counsel with the firm of Dilworth Paxson LLP in Cherry Hill, New Jersey
  • Practice concentrates in construction and complex commercial litigation
  • Represents owners, contractors, subcontractors and suppliers in complex construction litigation and transactional matters
  • Subcommittee chair in the Renewable Energy, Cleantech and Climate Change Committee within the New Jersey State Bar Association
  • Current chair of American Bar Association, Section of Litigation, Construction Litigation Committee
  • Former chair of New Jersey State Bar Association, Construction Law Section
  • Presenter, writer and contributor to lien law and other construction focused programs
  • Certified as a civil trial attorney by the New Jersey Supreme Court
  • J.D. degree, Rutgers School of Law; B.A. degree, Muhlenberg College

All of your training, right here at Lorman.

Pay once and get a full year of unlimited training in any format, any time!

  • Live Webinars
  • OnDemand Webinars
  • MP3 Downloads
  • Course Manuals
  • Audio Recordings*
  • Executive Reports
  • White Papers and Articles
  • Sponsored Live Webinars

Additional benefits include:

  • State Specific Credit Tracker
  • Members Only Newsletter
  • All-Access Pass Course Concierge

* For audio recordings you only pay shipping

Questions? Call 877-296-2169 to speak with a real person.

Sign Up Today
With This Course

Access to all training products $699/year

Unlimited Lorman Training

With the All-Access Pass there is no guessing what you will need for your yearly training budget. $699 will cover all of your training needs for an entire year!

Easy Registrations

Once you purchase your All-Access Pass you will never be any further than one-click away from attending any Lorman training course.

Invest in Yourself

You haven't gotten to where you are professionally by luck alone; it's taken a lot of hard work and training. Invest in yourself with the All-Access Pass.