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Construction Law

Our New Jersey and New York construction law attorneys have significant experience assisting New Jersey and New York clients in a host of construction-related legal matters.

The Lum Firm acts as in-house counsel to many well-established national construction companies, providing wide ranging advice and legal services concerning all aspects of the construction industry. Our construction law group works closely with our employment law group, which has considerable expertise in handling employment matters related to the construction industry.

Our attorneys handle a wide range of legal matters affecting all aspects of the New Jersey and New York construction industry, including:

  • Surety law, including negotiation of takeover agreements, as well as analysis and prosecution of surety defenses to contractor’s claims
  • Litigation in Federal and State courts
  • Specification review
  • Pre-bid protests
  • Analysis and preparation of delay and disruption claims
  • Advice concerning proper job documentation
  • Lien law issues including preparation, filing, and service of liens
  • Prosecution and defense of claims in mediation and arbitration

The Lum Firm represents a wide variety of clients including, general contractors, owners, condominium associations, subcontractors, and design professionals in connection with both public and private, industrial, commercial, utility and residential projects. A few of our recent clients that we successfully represented include:

  • A condominium association in a five-month trial in state court against a construction lender successfully obtaining a jury verdict declaring that the lender was the “de-facto” developer of the project and therefore liable for all construction and design deficiencies.
  • A contractor in an OSHA Review Committee hearing dismissing OSHA’s claims of personal liability as against our client’s principals.
  • A general contractor in connection with alterations and additions to a municipal complex involving delay and disruption issues in arbitration.
  • A Condominium Association in connection with claims against designers and all contractors for deficient design and construction, including lender liability issues, in state court.
  • A state utility contractor in connection with claim for final payment on a state project involving technical measurement issues.
  • A concrete subcontractor against the general contractor on a private high-rise condominium construction project involving numerous back charges and offsets to the subcontractors’ account.
  • A Condominium Association in a state court litigated matter against a developer/property manager in connection with construction defect and accounting turnover issues, including recovery of unpaid assessments, underfunded reserves, common elements improperly deeded to the developer, and money damages.
  • A commercial developer against an architect for design errors in a retail mall building in arbitration.
  • A demolition contractor on a public project against the project owner for delays and disruptions caused by unforeseen site conditions.
  • A County College obtaining summary judgment against a parking lot contractor dismissing claims for extra work.
  • A Condominium Association against a manufacturer of synthetic stucco based on Consumer Fraud in mediation.
  • A Condominium Association against a developer/sponsor of twin high rise buildings in mediation for building envelope damages.
  • A homeowner against as pool contractor in State Court for damages, due to hydrostatic  pressure which caused the pool to “pop”.
  • A homeowner against a general contractor on a Counterclaim in arbitration for damages due to faulty construction including a Judgment for Consumer Fraud treble damages.

At The Lum Firm, we constantly develop new methods for our clients to engage in partnering, joint venturing, quality engineering, building information modeling, and cost effective project management techniques.

If you are in a construction related industry and need a New Jersey and New York construction lawyer, contact the Lum Firm.  Let our over 150 years of experience work for you.

Contact Lum, Drasco & Positan

Lum, Drasco & Positan LLC
103 Eisenhower Parkway
Suite 401
Roseland, NJ 07068
Phone: 973-403-9000
Fax: 973-403-9021

Our law office is located in Roseland, New Jersey.

To speak with an attorney at our firm about your legal needs, call 973-403-9000.