Construction Litigation
Construction & Transition Litigation Law Blog Site
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
The Seller’s Disclosure Statement
Posted in Construction Litigation, 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
Expansion of the New Jersey Consumer Fraud Act
Posted in Construction Litigation
The New Jersey Supreme Court announced a sweeping expansion of the NJ Consumer Fraud Act, N.J.S.A. 56:8-2 (“CFA”), to include work done by contractors performing interior work on new construction. In Czar Inc. Heath, A-114-07, decided 3/13/09, the Supreme Court ruled 6-1 that new homeowners who act as their own general contractors for interior finish work have a right to assert claims under the CFA against the Czar, Inc (“Czar”), the subcontractor responsible for doing installation of kitchen cabinets, doors, chair railing and other interior finishes. Continue reading
