​In its recent decision in Zeck v.Atlantic City Electric (Docket No. A-5506-13T4), the Superior Court of New Jersey, Appellate Division addressed claims derived from electricity distributed by Atlantic City Electric (“ACE”).  Although the plaintiffs in Zeck did not specifically set forth a claim for product liability in their complaint, the appellate court concluded that the trial court was not in error when it refused the motion made by ACE to dismiss the complaint.  Plaintiffs’ claim was submitted to the jury under the theory that the damage plaintiffs sustained was the result of a manufacturing defect associated with ACE’s electrical service.  Of significance is the conclusion that electricity was a product and that its generation and distribution are subject to New Jersey’s Product Liability Act (“PLA”).
 
William J. Wolf of Bathgate, Wegener & Wolf, P.C. successfully sued an electrical utility in a case involving electro-magnetic fields (EMF) and in another case involving stray current.  Concluding that electricity is a product, as the court did in Zeck, may enhance the probability of success in suits with electrical companies.
 
Mr. Wolf is a Senior Fellow of the Litigation Counsel of America, he has been designated as a Super Lawyer and AV Preeminent® for many years and he was selected to be listed in the Best Attorneys of America.  Mr. Wolf has been certified, by the American Institute of Appellate Practice, as an appellate specialist. 

By: William J. Wolf 

A mammoth mixed use project is being developed in Sayreville, New Jersey.  According to published reports 400,000 vehicles a day currently pass that site. The Sayreville site is within a few miles of Carteret which is in the process of obtaining permits to build a ferry terminal.

The synergies between a project of the magnitude of the Sayreville site with ferry service between Carteret and New York are likely to be significant.  The lower sales tax in New Jersey will create an incentive for weekend shoppers to travel from New York City. Reverse weekday commuting is also feasible.  Trans-model linkage by busses or vans creates an easy connection between the Sayreville site and Carteret.
 
 It is estimated that when the Sayreville project has been completed 221 million people per year will drive by that property.  That traffic volume emphasizes the need for the commuting alternatives provided by a ferry.  The current concern about deteriorating transit infrastructure highlights the need for alternatives to trains, cars and busses.
 
William J. Wolf of Bathgate Wegener & Wolf, P.C. has been retained by the Borough of Carteret in Middlesex County to represent it in initiating ferry service between Carteret and Manhattan.  Because Carteret controls a significant portion of its waterfront, it is uniquely situated to provide ferry service as a viable alternative to rail and highway access to Manhattan not only to its residents but to travelers who would otherwise commute by car, train or bus.  It is anticipated that ferry service will act as a catalyst for the redevelopment of the Carteret waterfront.

 The Carteret ferry project is only one of several municipal infrastructure and redevelopment projects that Mr. Wolf has been retained to handle.  In addition to the ferry project, Mr. Wolf is currently working on a municipal marina, airport and commercial redevelopment projects in Middlesex County and Monmouth County.
 
Mr. Wolf is a Senior Fellow of the Litigation Counsel of America, he has been designated as a Super Lawyer and AV Preeminent® for many years and he was selected to be listed in the Best Attorneys of America.  Mr. Wolf has been certified, by the American Institute of Appellate Practice, as an appellate specialist.
By: William J. Wolf 

By Michael M. DiCicco | mdicicco@bathweg.com

The Construction Lien Law N.J.S.A. 2A:44A-1 et seq., (“the Construction Lien Law”) affords contractors, subcontractors, laborers and materialman the opportunity to protect themselves and improve the chances that they will receive payment for labor and materials supplied at a construction project. At the same time, the law also protects owners from paying more for labor and materials supplied at a construction project. The Construction Lien Law allows a claimant to create a lien so that payment to the claimant for its outstanding bill is protected while simultaneously ensuring that an owner does not have to pay both a general contractor, subcontractor, laborer or materialman for the same labor and materials.
 
The Construction Lien Law applies to private construction projects. It is not applicable to public works projects or improvements to real property owned by a public entity. The lien that may be created under the Construction Lien Law attaches to the interest of the owner in the real property that is being improved on the date that the lien claim is filed and is equal to the value of the work, services, materials, or equipment furnished at the site for which the claimant has not been paid. Thus, if the claimant has not been paid and follows the steps required to create a lien, the claimant can obtain a lien on the property that secures the claim for monies owed. This remedy is a powerful tool in obtaining payment of outstanding balances.
 
A prerequisite to obtaining a lien is a signed contract or purchase order. If the general contractor, subcontractor, laborer, or materialman does not have a signed document it cannot obtain a lien. In order for the lien to properly attach, the claimant must strictly adhere to the filing and notice requirements that are contained in the Construction Lien Law.
 
Additional steps must be followed to create a construction lien when dealing with residential construction projects. The law provides more protection for the homeowner whose property is subject to the lien because of the unique nature of residential construction. The additional steps that must be followed ensure that there will be an expeditious determination as to whether the lien is appropriately filed.
Key Takeaways

• The Construction Lien Law is a tool for constructors and material suppliers to use to improve their chances of being paid by owners and general contractors.
•  The law only applies to private projects; it is not applicable to public works projects. 
• You must have a signed contract or purchase order to file a lien claim.
• Time sensitive steps must be strictly adhered to obtain the lien. Different steps apply to commercial and residential construction.
• The following charts layout those steps. Remember, you must strictly follow these steps. 

​Use of the Construction Lien Law will help you get paid for the labor and materials that you supply at a construction site.  You should use the Law as a standard operating procedure to increase collection of your accounts receivable.

Michael M. DiCicco, a partner at Bathgate, Wegener & Wolf who specializes in construction litigation and representation of owners, contractors, subcontractors, laborers and materialman in construction projects, is available to answer questions that you have regarding construction law.