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Upholding Expectations of Contracting Parties on New Jersey Construction Projects

June 12, 2008Cole Schotz DocketAttorney: Edward Sun Kiel

Generally, the obligations of parties involved in a construction project are defined by and limited to the provisions of the contracts. An owner can usually expect to face payment claims from only the general contractor or construction manager with whom the owner has a direct contract. Conversely, subcontractors, sub-subcontractors and material suppliers should not be exposed to claims by the owner for defective work or materials supplied on the project. Thus, a party involved in a project is generally prohibited from “leapfrogging” over the party with whom it contracted to assert a claim further up or down the contracting chain.

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