In a recent November 2025 lawsuit out of the US District Court for the Eastern District of Pennsylvania, the Court considered whether a contract’s mediation clause required mediation as a condition precedent to filing a lawsuit. The clause stated that the parties “shall endeavor to resolve their Claims by mediation”, that mediation requests “may be made concurrently […]
Legal News
New Jersey recently enacted A-5967 / S-4864 (P.L. 2025, c.327), which significantly expands the authority of local public entities to utilize Project Labor Agreements (PLAs) on public works projects. The prior law limited the use of PLAs primarily to larger public works projects with an estimated construction cost of $5 million or more. Under the new law, local government units may […]
Recent case law has further addressed what constitutes an enforceable ADR provision in New Jersey. In Lahoud v. Anthony & Sylvan Corp., 481 N.J. Super. 29 (App. Div. 2025), the Court evaluated an ADR provision which required the parties to resolve any and all claims arising from or related to the agreement through arbitration but allowed the […]
In a recent development in New York medical construction projects, the New York State Department of Health updated the Certificate of Need process to simplify the approval process. Of some interest, one of the updates relates to architectural self-certification and allows for an architect to self-certify on projects up to $30 million eliminating the need for […]
We are excited to announce that Tesser & Cohen has been chosen as Construction Arbitration Law Firm of the Year – USA in the Lawyers Worldwide Awards Magazine – Annual Awards 2025
For over two decades, Chambers USA has set the benchmark for legal data and analytics, spotlighting top lawyers and law firms nationwide, ensuring that clients make informed decisions when selecting legal services. For more on Tesser & Cohen’s ranking, see the link below. Construction, New Jersey, USA | Chambers Rankings
Lee Tesser, Steve Cohen, Robert Bennett, Danielle Cohen, Matthew Lakind, Gina Makoujy and Stephen Winkles, have been selected to the 2025 New Jersey Super Lawyers list. Each year, no more than five percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. Super Lawyers is […]
Recent governmental tariffs have sparked debate in the construction industry as parties struggle to best protect themselves from inevitable cost increases. Depending on the size of the contract, contract negotiations may be stalled due to this issue as both owners, contractors and lenders look for certainty on pricing. Some attorneys believe that Force Majeure clauses adequately protect […]