[RPPTL-constructionlaw] New Jersey residential lien law arbitration

[fred.dudley at hklaw.com]

Larry: As you well know, bifurcating construction liens into residential and non-residential probably hasten the day the legislature abolishes ALL such liens on residential property (as has been proposed numerous times).

In addition, this particular statute (NJ), appears to require that the arbitration proceedings take place BEFORE a lien can even be recorded, and may not require the owner to be a party to the arbitration (I'd not be surprised if it was intended for the owner to be a party, but it's not real clear).

P. S. I'm not supportive.

Frederick Dudley | Holland & Knight
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From: constructionlaw-bounces at lists.flabarrpptl.org [mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of Larry Leiby
Sent: Tuesday, June 14, 2011 12:09 PM
To: constructionlaw at lists.flabarrpptl.org
Subject: [RPPTL-constructionlaw] New Jersey residential lien law arbitration

We hear from time to time that residential (Ma & Pa) construction liens should be treated differently from the typical commercial lien.  The next time we hear about that we may want to look at something akin to what New Jersey implemented in January, 2011, copy attached.

I just put it out there for reaction from the committee, without recommendation for or against.  If it were to be considered, it would need a little surgery to make it comport with Florida procedure.  I just found it interesting and thought I would share.

Regards,

Larry R. Leiby, Esq.
Malka & Kravitz, P.A.
1300 Sawgrass Corp. Pkwy., Suite 100
Ft. Lauderdale, FL  33323
Phone:  954-514-0984
Fax:      954-514-0985

e-mail:  leiby at mkpalaw.com

Board Certified in Construction Law
Certified Circuit Court Civil Mediator
Fellow, College of Commercial Arbitrators



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