Court Rules That ERISA Preemption Bars Recovery of Union Benefit Fund Payments Pursuant to New York’s Wage Theft Statute From a General Contractor Where a Subcontractor Failed to Fund Payments

Summary In 2022 the State of New York passed a Wage Theft statute[1] that includes authorizing suits against contractors to recover the unpaid employee wages and benefits of their subcontractors. In 2023 a union benefit fund sued a general contractor under the Wage Theft statute in New York State, seeking payment of nearly three million dollars ... Read More

Living on The Edge: The Unacknowledged Delay/Acceleration

This article was written for ConsensusDocs and first appeared here. Picture this: you were the successful bidder on a state highway project. The project is scheduled to take about two years. Notice to proceed was issued six months ago, you have procured equipment and supplies, your subcontractors are lined up, and work is underway. The ... Read More

11 Peckar & Abramson Attorneys Named to 2025 New Jersey Super Lawyers and Rising Stars Lists; Kevin J. O’Connor Selected to Top 100 List

Peckar & Abramson, P.C. (P&A) is proud to announce that 11 attorneys have been named to the 2025 New Jersey Super Lawyers® and Rising Stars lists. According to Super Lawyers, these lists highlight a select group of attorneys, with no more than five percent recognized as Super Lawyers and no more than 2.5 percent named ... Read More

Best Practice Guidelines for the Use of Artificial Intelligence by Dispute Boards

These guidelines was written for The Dispute Resolution Board Foundation and first appeared here. Introduction The use of Artificial Intelligence (AI) is nothing new. Back in 1950, Alan Turing posed the question: “‘Can machines think?” (1) Fast forward to 2024 and AI is everywhere. It is not the future; it is the here and now. ... Read More

In Memoriam: Roger S. Markowitz

Peckar & Abramson mourns the loss of Roger S. Markowitz, retired Partner, who passed away on March 13, 2025, at the age of 81. Roger joined P&A as a partner in January of 1998 and continued to practice with us through his retirement at the beginning of 2024. Roger was a highly respected construction lawyer, ... Read More

Expert Q&A: Responding to the Impacts of Trump Administration Tariffs on Construction Materials

In this Expert Q&A, Levi W. Barrett, co-managing partner of Peckar & Abramson’s New Jersey office, shares his insights on the latest tariffs imposed by the Trump administration on steel and aluminum materials used in construction projects. Published by Practical Law Real Estate, this Q&A provides essential guidance for contractors, owners, developers, and legal counsel ... Read More

Corporate Transparency Act Update #5: Treasury Will Not Pursue Enforcement

We are continuing to monitor developments with the Corporate Transparency Act (“CTA”). Last month, we had advised that the Supreme Court had lifted injunctions of the CTA and had recommended complying with the reporting requirements of the CTA prior to the March 21, 2025 deadline, despite pending court cases considering the constitutionality of the act. ... Read More

Peckar & Abramson Partner Gregory H. Chertoff Named Fellow of the American College of Construction Lawyers, Elevating Firm’s Distinction With Most Recognized Attorneys

Peckar & Abramson, P.C. (P&A) is pleased to announce that Gregory H. Chertoff has been named a Fellow of the American College of Construction Lawyers (ACCL). The ACCL Fellowship is invitation-only and, according to the organization, awarded to those who have mastered the practice or teaching of construction law and dispute resolution, demonstrate unwavering ethical ... Read More

Peckar & Abramson, P.C. Achieves Global Multi-Jurisdictional Ranking in Construction Law From Chambers

Peckar & Abramson, P.C. (P&A) is pleased to announce that Chambers and Partners have included P&A in the prestigious 2025 Chambers Global Guide, ranked in construction law in the Global: Multi-Jurisdictional category. With this recognition, P&A stands alone as the first and only firm to be included in this global category while also holding a ... Read More

Corporate Transparency Act Update #4: Compliance Is Again Required

We have continued to monitor developments with the constitutionality of the Corporate Transparency Act (“CTA”). In late December, the U.S. Court of Appeals for the Fifth Circuit kept the injunction of the CTA in place, while that court considered the constitutionality of the CTA. However, the federal government appealed this decision and on January 23, ... Read More