Search Rutgers Law Library N.J. Court Opinions

1 ERCO INTERIOR SYSTEMS, INC v. NATIONAL COMMERCIAL BUILDERS, INC. -- rank: 1000

... violated New Jersey's strong public policy, as codified in N.J.S.A. 2A:30A-2(f), which provides that 'any civil action brought to collect ... On appeal, ERCO maintains the 'plain and unambiguous' language of N.J.S.A. 2A:30A-2(f) establishes that 'all claims under the [PPA] must be ... subcontractors performing construction work in New Jersey.' Specifically, ERCO contends N.J.S.A. 2A:30A-2(f) expresses New Jersey's 'right and public policy goal ... based construction disputes. We further conclude the requirement codified at N.J.S.A. 2A:30A-2(f), that all actions brought to collect payments under the ... work, 'and the parties have not otherwise agreed in writing . . . .' N.J.S.A. 2A:30A-2(b). Pursuant to N.J.S.A. 2A:30A-2(c), '[i]f a payment due pursuant to the ...

docket:	a4640-17
court:	NJ Superior Court Appellate Division
decided:	2019-05-07
status:	Unpublished
citation:
Document Size:	29023

2 AE CONSTRUCTION CO v. BARRIER ELECTRIC COMPANY, INC. -- rank: 925

... Act to support their purported defense. Defendants rely solely on N.J.S.A. 2A:30A- 2(a), which requires that where a 'prime contractor' performs work ... of its receipt of Barrier's invoices. Defendants' reliance on N.J.S.A. 2A:30A-2(a) is misplaced. The statute has no application here. The ... the prime contractor and Barrier is A&E's subcontractor. N.J.S.A. 2A:30A-2(a)'s plain language offers no support for defendants' claim ... s provision concerning payments due to subcontractors. In pertinent part, N.J.S.A. 2A:30A-2(b) provides for the payment of subcontractors like Barrier. Unlike section (a) of N.J.S.A. 2A:30A-2, section (b) does not require payment of a subcontractor A ... has been accepted by the owner . . . or the prime contractor.' N.J.S.A. 2A:30A-2(b). Section (b) also differs from section (a) in ...

docket:	a1791-19
court:	NJ Superior Court Appellate Division
decided:	2021-03-22
status:	Unpublished
citation:
Document Size:	30748

3 JUPITER ENVIRONMENTAL SERVICES, INC v. WALLACE BROS., INC. -- rank: 853

... A-3981-18T3 14 retained to provide materials and services. N.J.S.A. 2A:30A-2(a). If these deadlines for payment are not met, and ... the subcontractor files suit and is successful on its claims. N.J.S.A. 2A:30A- 2(b), (c), and (f). However, the prime contractor may avoid ... good faith effort to resolve the reason for the withholding.' N.J.S.A. 2A:30A-2(d). That is what occurred in this case. At the ...

docket:	a3981-18
court:	NJ Superior Court Appellate Division
decided:	2020-03-18
status:	Unpublished
citation:
Document Size:	31791

4 PETRIC ASSOCIATES, INC v. CCA CIVIL, INC -- rank: 831

... on the PPA and reverse that portion of the verdict. N.J.S.A. 2A:30A-2(b) provides that where a subcontractor 'has performed in accordance ... at a rate equal to the prime rate plus 1%.' N.J.S.A. 2A:30A-2(c). Here, the subcontract permits defendant to withhold funds from ...

docket:	a3571-17
court:	NJ Superior Court Appellate Division
decided:	2020-06-08
status:	Unpublished
citation:
Document Size:	102296

5 ENVIROFINANCE GROUP LLC v. ENVIRONMENTAL BARRIER COMPANY, LLC -- rank: 821

... prevailing party shall be awarded reasonable costs and attorney fees." N.J.S.A. 2A:30A-2(f). This archive is a service of Rutgers School of ...

docket:	a2475-12
court:	NJ Superior Court Appellate Division
decided:	2015-04-14
status:	published
citation:	440 N.J.Super. 325 113 A.3d 775
Document Size:	61450

6 ENVIROFINANCE GROUP LLC v. ENVIRONMENTAL BARRIER COMPANY, LLC -- rank: 821

... prevailing party shall be awarded reasonable costs and attorney fees.' N.J.S.A. 2A:30A-2(f). This archive is a service of Rutgers School of ...

docket:	a6202-12
court:	NJ Superior Court Appellate Division
decided:	2015-04-14
status:	published
citation:
Document Size:	51373

7 JO-MED CONTRACTING CORP v. CITY OF LINDEN -- rank: 818

... accordance with the provisions of a contract with the owner.' N.J.S.A. 2A:30A-2(a). The PPA provides, 'the owner shall pay the amount ... of the amount withheld and the reason for withholding payment .' N.J.S.A. 2A:30A-2(a). The PPA further provides a public entity payment provision ... withholding payment within twenty days of receiving the bill. See N.J.S.A. 2A:30A-2(a). Lastly, Linden's argument that the PPA does not ...

docket:	a0408-22
court:	NJ Superior Court Appellate Division
decided:	2023-10-16
status:	Unpublished
citation:
Document Size:	23318

8 SAL ELECTRIC COMPANY INC v. THE PIKE COMPANY, INC -- rank: 809

... motion. In whole or in part, both judges relied upon N.J.S.A. 2A:30A-2(f), that provision of the PPA which states, 'In any ... unpublished opinion of this court, both judges concluded that because N.J.S.A. 2A:30A-2(f) reflected the strong public policy of this state, the ... provision was unenforceable because it violated the public policy undergirding N.J.S.A. 2A:30A-2(f). Id. at 5–6. After oral argument, the judge ... properly incorporated into the MSA. We need not determine whether N.J.S.A. 2A:30A-2(f) is a such strong statement of public policy that ...

docket:	a5657-18
court:	NJ Superior Court Appellate Division
decided:	2020-04-13
status:	Unpublished
citation:
Document Size:	35506

9 THE ENCLAVE CONDOMINIUM ASSOCIATION, INC. v. ELITE RESTORATION, INC. -- rank: 809

... pay the amount due with 30 days of the invoice. N.J.S.A. 2A:30A-2(a). The statute also provides that “[t]he billing ...

docket:	atl-l-1903-21
court:	NJ Superior Court Appellate Division
decided:	2024-02-14
status:
citation:
Document Size:	43572

10 STRUCTURAL STEEL FABRICATORS INC v. CONSOLIDATED SYSTEMS INC. -- rank: 800

... by both Delric and the NJSDA. 115. In violation of N.J.S.A. 2A:30A-2(b), Delric has failed to make full payment to SSF ... As a result, Delric has violated the Prompt Payment Act, N.J.S.A. 2A:30A-2(c), which requires that Delric pay SSF interest, beginning on ... has failed to make payments required pursuant to this section." N.J.S.A. 2A:30A-2(f). Moreover, the Trust Fund Act makes no mention of ...

docket:	a0445-09
court:	superior court appellate division
decided:	2010-11-16
status:	unpublished
citation:
Document Size:	44252

11 BIL-JIM CONSTRUCTION COMPANY, INC v. WYNCREST COMMONS LP -- rank: 796

... trial court erred in not awarding it fees pursuant to N.J.S.A. 2A-30A-2(f). A-0173-21 20 Wyncrest's claims that Bil ... of the amount withheld and the reason for withholding payment,' N.J.S.A. 2A:30A-2(a), even if it had been provided to Bil-Jim ... Jim to the extent it prevails on its claim. See N.J.S.A. 2A:30A-2(c) and (f); JHC Indus. Servs., LLC v. Centurion Cos ...

docket:	a0173-21
court:	NJ Superior Court Appellate Division
decided:	2023-11-03
status:	Unpublished
citation:
Document Size:	40626

12 SCAFAR CONTRACTING, INC v. CITY OF NEWARK -- rank: 796

... calendar days after the billing date . . . specified in the contract. [ N.J.S.A. 2A:30A-2(a) (emphasis added).] 'If a payment due pursuant to the ... at a rate equal to the prime rate plus 1%.' N.J.S.A. 2A:30A-2(c). In this case, the trial judge entered judgment in ... not 'performed in accordance with the provisions of a contract,' N.J.S.A. 2A:30A-2(a), a predicate for recovery under the PPA. We agree ...

docket:	a1726-19
court:	NJ Superior Court Appellate Division
decided:	2022-03-29
status:	Unpublished
citation:
Document Size:	50729

13 AIRE ENTERPRISES, INC v. WARREN COUNTY -- rank: 790

... has been defined in the bid specifications and contract documents. [ N.J.S.A. 2A:30A-2(a).] Paragraph (b) makes similar provisions for the payment of subcontractors by a prime contractor. N.J.S.A. 2A:30A-2(b). The next section sets forth the consequences for failure ... day on which the check for payment has been drawn. . . . [ N.J.S.A. 2A:30A-2(c).] Pursuant to another provision of the PPA, N.J.S.A. 2A:30A-2(f), a "prevailing party shall be awarded reasonable costs and ... the provisions of this section shall supersede those other provisions." N.J.S.A. 2A:30A-2(e)(1). Judge O'Connor found that the County did ... not performed "in accordance with the provisions of a contract," N.J.S.A. 2A:30A-2(a), in a significant way, an argument could certainly ...

docket:	a0355-12
court:	NJ Superior Court Appellate Division
decided:	2014-10-27
status:	unpublished
citation:
Document Size:	22956

14 ROUTE 52 CONSTRUCTORS VS. NEW JERSEY TURNPIKE AUTHORITY -- rank: 768

... not more than [thirty] calendar days after the billing date[] . . . . [N.J.S.A. 2A:30A-2(a) (emphasis added).] 'If a payment due . . . is not made ... a rate equal to the prime rate plus [one percent].' N.J.S.A. 2A:30A-2(c). In addition, if 'any civil action [is] brought to ... prevailing party shall be awarded reasonable costs and attorney fees.' N.J.S.A. 2A:30A- 2(f). 'When we interpret a statute, our paramount goal is ... not 'performed in accordance with the provisions of [the] contract,' N.J.S.A. 2A:30A-2(a), a predicate for recovery under the PPA. To the ...

docket:	a1488-22
court:	appellate
decided:	2024-06-10
status:	Unpublished
citation:
Document Size:	31154

15 SEVEN CAESARS, INC v. DOOLEY HOUSE -- rank: 718

... obligated to release the advance for phase three pursuant to N.J.S.A. 2A:30A-2, or, alternatively, it was estopped from withholding payment because of ...

docket:	a4747-12
court:	New Jersey Superior Court Appellate Division
decided:	2014-09-11
status:	Published
citation:
Document Size:	61558