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Home » Authors » Steven Nudelman
Steven Nudelman

Steven Nudelman

Steven Nudelman is a partner at the law firm of Greenbaum, Rowe, Smith & Davis LLP, where he is chair of the firm’s Construction Contracting & Risk Management Practice Group. He is also a member of the firm’s Real Estate and Litigation Departments and its Construction Disputes, Community Association, Alternative Dispute Resolution, and Alternative Energy & Sustainable Development Practice Groups. Nudelman is a Charter Fellow of the Construction Lawyers Society of America and a Fellow of the Litigation Counsel of America. You can reach him at 732-476-2428 or [email protected]. 

Articles

ARTICLES

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Legal Pipeline

A Current Look at Force Majeure

In this age of COVID-19, parties to construction contracts (and their legal counsel) need to be mindful of these provisions.
June 1, 2020
Steven Nudelman
The novel coronavirus (COVID-19) has thrown a wrench into the country’s longest stretch of economic growth, threatening the performance and profitability of construction projects in states with restrictive governmental regulations.
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Legal Pipeline

The Economic Loss Rule & Design Professionals: An Uncertain Liability Landscape

As the court decisions on this issue are varied, make sure to have an educated conversation with your construction attorney.
March 30, 2020
Steven Nudelman
Can a general contractor, who has suffered only economic harm, recover in negligence against an architect, with whom the contractor has no contractual relationship?
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Legal Pipeline

Understanding the Scope of Payment Bonds

Subcontractors and subconsultants need to be mindful of such bonds since they may serve as a source of payment.
November 29, 2019
Steven Nudelman
Payment bonds are an important means for subcontractors and subconsultants to obtain payments on public works projects.
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phc09_nudelman
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
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).
Read More
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Legal Pipeline

Not All Third-Party Beneficiaries Are Alike

Only intended beneficiaries may assert claims under third-party contracts.
August 6, 2019
Steven Nudelman
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.
Read More
phc06_nudelman
Legal Pipeline

Counteroffer with Care

Too much negotiating can cost you the contract.
June 4, 2019
Steven Nudelman
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.
Read More
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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
While many states exempt architects, engineers and other licensed professionals from liability under such statutes, others do not.
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phc03_nudelman
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
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.
Read More
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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
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.
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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
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.
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View All Articles by Steven Nudelman

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