NJ Construction Law

Industry knowledge and multidisciplinary skills that get results

The complexity of construction projects – large or small – requires expert legal advice to prevent or resolve problems that arise before, during, and after construction. Michael Schonberger’s construction practice helps clients confidently approach all phases of their construction ventures and resolve issues to minimize problems, expense and delays. We represent public and private owners, developers, contractors, subcontractors, architects, engineers and suppliers at every phase of the construction process:

• Advising on land use, labor, general business, tax and contract issues
• Negotiating and drafting design and construction contracts and all construction loan documentation
• Litigating and resolving defect and claims disputes, either through trial or alternative dispute resolution
• Helping with project administration and management issues to control downtime and ensure that work disruption is avoided or kept to a minimum

Comprehensive services

Many law firms focus only on construction litigation or land use issues. Michael Schonberger is distinguished by our capability to handle all facets of a construction project, for any party involved. From entitlements and environmental issues to tax and financing concerns, we address and resolve the details of projects.

Our experience in the real estate and building materials industries means we know brick and mortar as well as zoning and leasing. Add our experience dealing with employment issues (including discrimination claims, wage and hour laws, ERISA and union concerns) and complex entity-formation, and you have a team structured to ensure projects are completed successfully.

Handling every aspect of real estate matters – development deals through loan documentation – is at the heart of our construction law capability. Our lawyers are skilled at handling all kinds of commercial, industrial, residential and retail property transfers. We serve as the watchdog on construction loan documentations, contract interpretations and negotiations.

We’ll also evaluate all covenants, conditions and restrictions (CC&Rs), guaranty strategies, and title and priority issues. Many of our lawyers represent lenders and owners in traditional real estate matters. That enables us to successfully complete build-to-suit projects that work to the advantage of all parties.

Getting the necessary approvals

Using experience gained from working with the key players in the development process, we do what is necessary to make a project successful. This includes getting regulatory and land use approvals, negotiating development agreements, conducting environmental due diligence, securing loans and development incentives, and working to bring the construction and lease or sale of the project to completion. We combine detailed knowledge of all legal and business aspects of the development process with a thorough understanding of multi-jurisdictional development requirements.

Litigating construction claims

Because of their complexity, even the best-planned construction projects can lead to litigation. Michael Schonberger works to proactively avoid or resolve disputes, and frequently use mediation and arbitration of claims involving cost, design error and project management.

All key players in the industry turn to us for representation:

• Owners
• General contractors
• Subcontractors
• Material suppliers
• Architects
• Engineers

We represent their interests in controversies involving bid protests and mistakes, cost disputes, design error, defective installation and contract disputes. These disputes typically involve multiple parties and are highly fact-intensive. We use our industry knowledge to resolve the problem in ways that minimize expense and time for our clients.

We believe that a lean team of one or two experienced litigators is better than an army of lawyers, and that belief gives our clients the attention they deserve without waste or bureaucracy. Our lawyers have successfully litigated numerous construction-related matters and cases in New Jersey, and all levels of appellate court.

Construction & Building Materials Industry

Michael Schonberger has a dominant position among New Jersey law firms in the Construction & Building Materials industry. We advise materials suppliers (including sand, gravel and cement companies) and manufacturers, as well as contractors and other industry players on their integrated corporate, regulatory and dispute-resolution issues. If you are involved in the construction & building materials industry, you can expect seamless service to meet any need.