USA – NEW JERSEY Law and Practice Contributed by: David Freylikhman, Cory Mitchell Gray, David Jensen and Jody Saltzman, Greenberg Traurig LLP
tenant. The sheriff’s eviction may be complicated by the tenant’s inventory or machinery located at the premises. In such cases, the landlord may need to arrange for a contractor to remove the tenant’s property under guidance of the sheriff. 6.22 Termination by a Third Party A lease may be terminated by condemnation; a process which is described in 6.19 Right to Ter- minate a Lease . In the event of a condemnation, the award is given to the property owner, though tenants are often permitted to make separate claims for moving expenses and, in the case of a ground lease, the value of their leasehold. In addition, a mortgage lender may have rights to foreclose and terminate tenancies. 6.23 Remedies/Damages for Breach In the commercial context, a landlord’s damages are typically identified by category in the lease documents. Generally, a landlord is entitled to back rent, to evict a tenant that has breached the terms of the lease and to enforce any guaranties that were provided in connection with the lease. A commercial landlord is required to attempt to mitigate its damages, but is generally entitled to eviction, back rent, damages to property, attor - neys fees and costs, and loss of future rents (although the landlord must attempt to relet the premises in a commercially reasonable manner and is entitled to recover costs of reletting from the breaching tenant). In the residential context, a scheme of state laws and regulations governs this area of law, and these should be specifically reviewed for a detailed understanding. In New Jersey, eviction of a tenant and the money damages actions are separate judicial proceedings. Both residential and commercial landlords have rights as to ten - ant property left in the leased premises, but the
rights differ under statute with commercial land - lords not bound by the Abandoned Property Act. Landlords in New Jersey typically hold a secu - rity deposit. The form of security differs, as dis - cussed in 6.16 Effect of the Tenant’s Insolven - cy . Residential landlords have specific statutory obligations as to (among other things) where and how tenant security deposits must be main - tained and when the security deposits must be returned to departing tenants. 7. Construction 7.1 Common Structures Used to Price Construction Projects Common pricing models for construction pro - jects include the following. • Fixed price (also sometimes referred to as lump sum or stipulated price). • Cost plus, either: (a) subject to a guaranteed maximum price; or (b) not subject to a guaranteed maximum price. Construction engagements are not limited to these approaches, and other project delivery models – such as design-build agreements, construction management agency/multiple- prime, engineer, procurement and construction (EPC) agreements, or integrated project deliv - ery agreements – are also types of construction agreements that may be used depending on the nature, type and location of the project. 7.2 Assigning Responsibility for the Design and Construction of a Project The responsibility for design is generally assigned to licensed professional architects and/or engi -
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