In the Law Journal’s special section on Real Estate and Construction, read about design-assist projects, the changing face of the retail lease, two recent appellate decisions affecting eminent domain cases, New Jersey’s New Homeowner Warranty, and how roof warranties hold up under the installation of rooftop solar panels.
Everybody’s Talking About Design-Assist, the New Kid in Town “Design-assist” is a term and a concept that has been gaining popularity in the construction industry in recent years, but what does it actually mean, and what are the rights and obligations of parties entering into these agreements? By Robert J. MacPherson and Robert C. Brady
Tracking the Evolution of the Retail Lease The retail landscape is changing, and being changed, by numerous forces, so landlords of such properties should consider changing their approach to the retail lease. By Philip Markowitz
NJ Eminent Domain After ‘Glassboro’ and ‘Birnbaum’ Two recent Appellate Division decisions rest heavily on the statutory provisions underlying property acquisitions, and the principles these cases establish should be considered integral components of all New Jersey legislative constructs authorizing condemnation. By John M. Marmora
The NJ New Homeowner Warranty: An Owner’s Friend or Foe? The New Jersey HOW presents a case of good intentions gone awry; the Act’s arbitration provisions sacrifice an aggrieved homeowners’ day in court. By Lance S. Forbes and Mark N. Werther
Does a Roof’s Warranty Remain Effective Under Solar Panels? The advantages of solar power installation should be weighed against the preservation of the structural integrity and the useful life of the rooftop structures themselves. In particular, property owners should ensure that the warranty covering the roof itself remains effective. By Jonathan B. King