Construction
Construction & Transition Litigation Law Blog Site
Tempted By A Quick Transition Settlement? Not So Fast!
Posted in Construction
For a newer community association board that has recently undergone transition from developer to unit owner control, there is significant temptation to accept a quick, lump sum settlement from the developer to “settle” any remaining punch list items. New board members are often in active and frequent communication with the… Continue reading
Stark & Stark Scores Recent Settlement Victories for Condo Communities Totaling Nearly $10 Million
Posted in Construction
Stark & Stark’s nationally recognized Construction Litigation group has scored some recent victories, advocating for community association and condo community clients while negotiating two major settlements in complex construction defect litigation claims for nearly $10 Million. Most recently, the group skillfully negotiated a settlement on behalf of a Condominium Association in… Continue reading
You’ve Got Damage from a Construction Defect – How Do You Know How Much Invasive Testing is Sufficient?
Posted in Construction
Community associations are often given common elements in transition that incur damage from design and/or construction deficiencies. Associations typically have limited funds. Even those with ample financial resources are usually governed by Boards whose members are keenly aware of the fact that the Association’s funds are trust monies that need… Continue reading
The Transition Engineering Report: Triggering The Statute of Limitations in Condominium Construction Defect Cases
Posted in Construction
Earlier this year, the New Jersey Appellate Division reversed a Bergen County trial court decision, which had dismissed a construction defect case filed by a condominium association more than six years after the condominium complex was substantially completed, but less than six years after the association received the transition engineering… Continue reading
Liability & Negligently Issued Certificate of Occupancy
Posted in Construction
Many residents and laymen naturally assume that a municipality or building inspector that issues a certificate of occupancy should be held liable if they make a mistake or negligently issue the certificate. However, most people are surprised to learn that, as a matter of law, a municipality is not liable in tort for negligently granting a certificate of occupancy. In Fiduccia v. Summit Hill Constr. Co., 109 N.J. Super. 249 (Cty. Ct. 1970), the court has the occasion to address the very question of whether a municipality may be held liable to a landowner for negligence in granting a certificate of occupancy. The court concluded that it could not. Continue reading
The Seller’s Disclosure Statement
Posted in Construction, Litigation, Real Estate
The completion of the Seller’s Disclosure Statement is a task that is often taken lightly by a Seller of residential real estate when they are preparing to sell their house. In fact, many individuals when faced with completing this task give it little thought and complete it in a cursory fashion. What a Seller should be aware of, however, is that any misstatement of fact, whether intentional or not may subject a Seller to liability post-closing. In the State of New Jersey a Seller of residential real estate has a duty to disclose any and all latent defects with regard to the condition of their property. A latent condition is a condition that is not otherwise observable, or in essence, hidden. Examples of latent conditions are radon contamination, underground oil tank leaks, or a history of water problems. Continue reading
