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Good and Workmanlike Manner in the Construction Industry: Duty, Fact, or Legal Fiction?


Understand issues and claims involving express and implied duties of good workmanship on a construction project.

Workmanship issues permeate a construction project, from contract negotiation to final completion. This material will take a deep dive into these workmanship issues and learn their impact on a project. After covering a general definition and overview of good workmanship, the topic will turn to the legal sources of workmanship duties. These include express duties set forth in the contract documents as well as implied duties as a matter of law. The material will also address sources of good workmanship requirements in statutes and regulations. Finally, we will examine the claims and dispute resolution process involving workmanship. You will understand the elements of causes of action for breaches of express and implied duties of good workmanship. You will also learn about the forum for prosecuting these claims, whether it is arbitration or a court of law.



Steven Nudelman, Esq.

Steven Nudelman, Esq.

Greenbaum, Rowe, Smith & Davis LLP

  • Partner in Red Bank (NJ) office of Greenbaum, Rowe, Smith & Davis LLP
  • Practicing construction law for over 27 years
  • Chair of the firm’s Construction Contracting & Risk Management Practice Group
  • Represents owners, contractors, and design professionals in negotiating and/or drafting contract documents for commercial, residential, and public projects in the New Jersey/New York metropolitan area
  • Defends and prosecutes a wide variety of construction claims in courts (state and federal), arbitrations, and mediations
  • Selected by NJBiz as a Leader in Law in 2022
  • Charter Fellow, Construction Lawyers Society of America
  • Listed in Chambers USA, The Best Lawyers in America, New Jersey Super Lawyers, and Who’s Who Legal in the Construction Law/Litigation practice area
  • Martindale-Hubbell Peer Review Rated AV Preeminent
  • Arbitrator on Construction Panel of the American Arbitration Association
  • Co-Chair of Construction Law Section of New Jersey State Bar Association
  • Can be contacted at [email protected] or 732-476-2428
Kersten Kortbawi, Esq.

Kersten Kortbawi, Esq.

Greenbaum, Rowe, Smith & Davis LLP

  • Partner with Greenbaum, Rowe, Smith & Davis LLP
  • Member of the firm’s Litigation Department and the Construction Disputes Practice Group
  • Represents developers, condominium associations, municipal entities, and contractors in unique and high-exposure matters, including those related to complex construction disputes, consumer fraud claims, personal injury, and product liability matters
  • Trustee, Middlesex County Bar Association
  • Member of the Construction Law Section of New Jersey State Bar Association
  • Selected as a New Leader of the Bar by the New Jersey Law Journal in 2020
  • Recipient of an Amicus Curiae Award from the New Jersey State Bar Association in 2023
  • Can be contacted at [email protected] or 732-476-2648

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