Construction Litigation
Construction & Transition Litigation Law Blog Site
Bayview Condominium Construction Defect Case Successfully Settled for $3.1 Million
Posted in Construction Litigation
Stark & Stark Shareholders Thomas J. Pryor and Donald B. Brenner have successfully settled the Bay View Condominium construction defect case for $3.1M. Shareholder Randy Sawyer, along with Associates Gene Markin and Tara Speer were all part of the team effort that achieved this settlement. The case involved design and… Continue reading
How to Remove an Invalid Construction Lien
Posted in Construction Litigation, Litigation
As the owner of a parcel of property, you might someday be faced with a scenario wherein a construction lien filed by a contractor who performed work for you was either improperly filed, or is simply invalid on its face. The issue becomes what is the proper way to remove… Continue reading
10 Easy Ways Owners Can Cut Construction Costs and Reduce Risks Now
Posted in Construction Litigation
The good news is that owners can reduce construction costs and risks. Following are Stark & Stark’s Top 10 tips for owners to consider: Refinance. You can cut construction costs, improve loan terms, and reduce risks by taking advantage of low interest rates, rising property values and available financing. Obtain… Continue reading
Tempted By A Quick Transition Settlement? Not So Fast!
Posted in Construction Litigation
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 Litigation
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 Litigation
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 Litigation
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
Triggering the Protections of the Consumer Fraud Act with Breach of Contract
Posted in Construction Litigation
You hire an architect to prepare plans for the construction of a new home and a developer to execute those plans and physically construct the home. The plans require the testing of the underlying soil to confirm that the bearing capacity of the soil is adequate to support the weight… Continue reading
Insurers of General Contractors Can No Longer Hide Behind Business Risk in Refusing to Defend Their Insureds in Construction Defect Litigation
Posted in Community Associations, Construction Litigation
Generally speaking, a contractor’s commercial general liability (“CGL”) policy is designed to cover personal injury or property damage caused by an accident resulting from the contractor’s work. The policy is not meant to be a guarantee of the contractor’s work and therefore does not cover damages to the work itself… Continue reading
Liability & Negligently Issued Certificate of Occupancy
Posted in Construction Litigation
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
