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Expert Analysis

Payment Provision Lessons From NJ Construction Ruling

By Mitchell Taraschi and Zac Brower ( March 28, 2024, 5:53 PM EDT) -- In an issue of first impression, on Nov. 3, 2023, the New Jersey Appellate Division in Bil-Jim Construction Co. v. Wyncrest Commons LP[1] rejected and reversed a trial court's ruling that the routine monthly submission of payment applications pursuant to an American Institute of Architects construction contract creates an installment contract, thereby creating a new statute of limitations for each payment application rather than a single statute of limitation that would govern the entire AIA construction contract....

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