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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.

Download the digital edition here.

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