[RPPTL-constructionlaw] New Jersey residential lien law arbitration

[PSMLAWFIRM at aol.com]

Although not stated, it seems that this statute is geared more toward the  
new construction, or development, instead of remodeling or improvement.   
That being said, I do not agree with the Legislature's premise that "minor"  
disputes pose a "serious impediment" in transferring title.  If it is  minor, 
a bond would generally ease the transfer.
 
I also feel that requiring arbitration that quickly will increase the costs 
 too quickly - especially on smaller liens - making it even more difficult 
to  resolve the dispute amicably.
 
Also, in trying to deal with property facing undersecured liens, a pro rata 
 concept is interesting.   To me, that only makes sense if there  are time 
priority issues.  Perhaps in NJ all of the liens relate  back to a common 
time.  However, that only seems logical in new  construction or with only one 
project being performed.  It does not seem  workable if there are multiple 
contracts or, e.g. NOC's, for different  aspects of the project.
 
Paul

Paul S. Martin, Esq.
Law Offices of 
Paul S.  Martin & Associates, P.A.
2134 Hollywood Boulevard
Hollywood, FL   33020
USA

Phone 954.923.4604
Telefax  954.923.6545
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In a message dated 6/14/2011 12:10:43 P.M. Eastern Daylight Time,  
Leiby at mkpalaw.com writes:

 
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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