When a contractor is hired by a commercial tenant to improve the leased property, the contractor’s lien will ordinarily attach only to the leasehold interest, and not the property itself. In a recent Court of Appeals decision, however, the Court
Real Estate & Construction Law
The Real Estate & Construction Law blog published by Cole Schotz P.C. covers legal issues related to real estate transactions, construction projects, and associated financing. Topics include contract negotiation and risk allocation in construction agreements, litigation risks and dispute resolution in real estate and construction contexts, regulatory compliance, and the impact of market and economic trends on real estate investments. The blog also addresses practical concerns such as filing notices affecting property interests, labor mobility effects on multifamily housing, and evolving challenges like supply chain disruptions and public health mandates affecting construction and real estate operations. It provides insights relevant to developers, lenders, property owners, and legal practitioners in these sectors.
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Zoning Boards Are Not Free to Disregard Prior Rulings Where Property Conditions Remain Unchanged
In a recent unpublished decision, the Appellate Division again confirmed that a zoning board may not reverse course without justification once it has made findings regarding a specific property.
In Oster v. Zoning Board of Adjustment of the Township of…
The Local Property Tax Appeal Filing Deadline Remains Inviolate and Cannot be Circumvented by Use of the Intervention Tool
In Farmland Dairies, Inc. v. Borough of Wallington, N.J. Super. App. Div. (per curiam) (unpublished decision) (35-2-7909), the Appellate Division upheld the decision of the Tax Court in denying an unrelated neighboring property owner’s efforts at intervening in a pending…
2019 Real Property Tax Review: Being Proactive with Your Assessment is Especially Critical in an Upward Trending Market
In a market where economic indicators continue to show encouraging signs (e.g., decreasing vacancy conditions across market segments, improved employment numbers and rental rates, and continuing low levels of inflation), the prospect for property value appreciation exists. Because of questionable…
Execute Your NJ Construction Lien Properly or Face Forfeiture
New Jersey’s Appellate Division has once again served a stark reminder to prospective construction lien claimants regarding who may validly sign a construction lien claim. The consequences of failing to properly execute a construction lien claim are dire – not…
Excess or Primary Insurance? Make Sure Your Contract Specifies.
A New Jersey appellate court ruled in Lopez v. Palin Enterprises, Associated, No. A-0886-17T4 (N.J. App. Div. December 5, 2018) that a tenant’s insurance policy was not the primary coverage for an injury to its employee which occurred within its…
Attorney’s Fees And Homeowner Claims Against Insurance Companies
Lawsuits by homeowners against their own insurance companies for failing to pay on damage claims that homeowners believe and argue are covered by their policies of insurance are quite common in Florida. Frequently these involve claims for water-related damages—a typical…
The “Time Of Application” Rule Will Not Protect Developers Who Submit Incomplete Applications.
Developers often employ the “time of application” rule (“TOA Rule”) to avoid having to comply with certain legal requirements enacted after an application has been submitted to a local planning or zoning board. More specifically, the TOA Rule provides that…
Residential Properties that are Not Religious Parsonages May Still Qualify For Tax Exemption
In today’s tax dollar hungry environment, municipalities are consistently searching for ways to increase their ratable base and in this regard are viewing tax exemption claims even more critically. Real property tax exemptions are a creature of statute and run…
Rights, Remedies and Procedures for Addressing Construction Defect Claims in Florida
Florida has implemented a rather simple statutory scheme to address claims that a real property owner believes she may have against a contractor, subcontractor, supplier or design professional for construction defects on her property—whether those defects involve construction, repairs, remodeling…