Steven Nudelman

Steven Nudelman is a partner at the law firm of Greenbaum, Rowe, Smith & Davis LLP in Woodbridge and Roseland, New Jersey. He is a member of the firm’s Litigation Department and its Construction, Alternative Dispute Resolution and Alternative Energy & Sustainable Development Practice Groups. He may be reached at (732) 476-2428 or snudelman@greenbaumlaw.com.

Legal Pipeline

Resolving Disputes Under Prompt Payment Statutes

Be mindful of the governing prompt payment statute in the jurisdiction where the project is located.

September 5, 2019

Steven Nudelman

No Comments

Prompt payment statutes come in a variety of “flavors,” depending on the type of project (public or private), the location of the project (i.e., which state) and the nature of the project (state or federal).

Legal Pipeline

Not All Third-Party Beneficiaries Are Alike

Only intended beneficiaries may assert claims under third-party contracts.

August 6, 2019

Steven Nudelman

No Comments

May Contractor A sue Contractor B for breach of the developer’s contract — that is, the contract between Contractor B and the developer? In Arco In ge nieros, S.A. de C.V. v. CDM Int’l Inc., 368 F. Supp. 3d 256 (D. Mass. 2019), a Massachusetts federal district court said no.

Legal Pipeline

Counteroffer with Care

Too much negotiating can cost you the contract.

June 4, 2019

Steven Nudelman

No Comments

Now and then, courts decide unexciting, predictable cases that illustrate fundamental concepts of black-letter, “hornbook” law. These cases are not novel, earthshattering or groundbreaking.

Legal Pipeline

Consumer Fraud Statutes Can Affect Design Professionals, Too

Be mindful of your state’s consumer fraud statutes to receive appropriate protections.

April 1, 2019

Steven Nudelman

No Comments

While many states exempt architects, engineers and other licensed professionals from liability under such statutes, others do not.

Legal Pipeline

Effective Mechanic’s Liens on Tenant Improvements

Try to encumber the fee or ownership interest instead of the leasehold interest.

March 4, 2019

Steven Nudelman

No Comments

A direct, contractual relationship between a landlord business owner and a third-party contractor may not be needed for a contractor to file a lien action against the landlord.

Legal Pipeline

Forget the Forum, Forget the Arbitration

Insight into how a court might deal with an incomplete arbitration agreement.

December 5, 2018

Steven Nudelman

No Comments

Every now and then a case with national implications pops up right here in my own backyard (New Jersey). No, we are not talking about a case affecting immigration policy, gun control or the midterm elections. Instead, we are talking about the less glitzy subject of arbitration agreements.

Legal Pipeline

Be Wary of the Waiver

The importance of understanding cardinal change and consequential damage provisions in a subcontract.

October 5, 2018

Steven Nudelman

No Comments

The waiver of consequential damages clause in a contract, be it for construction or professional services, is a risk-shifting provision that has value to both parties to the contract and it should be negotiated.

Legal Pipeline

The Statute of Repose and Product Manufacturers

The application depends on state law and the nature of the product.

September 10, 2018

Steven Nudelman

No Comments

The statute of repose is often confused with another, more common statutory defense, the statute of limitations. Both statutes provide a defense to claims based on time. After that, they bear little resemblance to each other.

Legal Pipeline

‘Remember the Architect!’

Contractor claims against architects on commercial projects appear to be on the rise.

July 8, 2018

Steven Nudelman

No Comments

“Remember the Architect!” While it may not be as catchy as “Remember the Alamo!” at the Battle of San Jacinto, the phrase about design professionals is probably more relevant to your day-to-day business.