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Construction Law

Construction Litigation Law Blog

From the Construction Litigation Group at Stark & Stark

Post Frequency: 1.1/day

Last Entry: November 22, 2010 at 16:37:28

Gehry - Construction Defects are Inevitable

Posted on November 13, 2007
World famous architect Frank Gehry, and his firm Gehry Partners is a defendant in a recent lawsuit brought by the Massachusetts Institute of Technology alleging design and construction defects in a $300 Million building on the Cambridge, Massachusetts campus...

Builder's Risk Policy Does Not Cover Damage to City Sewer Pipe

Posted on October 23, 2007
Plaintiff WHP9, the developer of a multi-building residential project in North Bergen, secured a builder?s risk policy from defendant Centennial Insurance and liability insurance from another carrier before beginning construction. WHP 9, Inc. v. Centennial Ins...

Appellate Division Enforces Terms of Association?s Insurance Policy

Posted on October 08, 2007
In an unpublished decision, the Appellate Division recently enforced an insurer?s duty to indemnify and defend a condominium association for damages resulting from an occurrence during the policy period even though they were not discovered until after the policy had expired...

New Jersey Federal Court Declines to Hear Minnesota Insurance Coverage Dispute.

Posted on October 01, 2007
Judge Noel L. Hillman of the United States District Court for the District of New Jersey, sitting in Trenton, recently dismissed a case before her on the grounds that the New Jersey court was an inappropriate place to hear the dispute. The case is First Colonial Insurance Co...

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District Court Defines "Residential Construction"

Posted on September 26, 2007
As the real estate market contracts, contractors, subcontractors and suppliers with unpaid balances will need to protect their interests by, among other things, taking advantage of applicable lien laws. In construing New Jersey?s lien laws, definitions of ?residential? and ?commercial? construction have long been considered by many to be a gray area...

If You Volunteer For Something, Do It Right.

Posted on September 21, 2007
There are often instances during construction projects where someone, a field superintendent, a manufacturer?s representative, a salesman, a consultant, etc. will ?stop by? a job site and ?inspect? work that is being done. Sometimes the inspection is needed before the manufacturer issues a warranty, or it may be done by the product distributor as a favor to the installer...

Consumer Fraud Case Hits New Jersey Supreme Court - Appellate Division

Posted on September 18, 2007
The New Jersey Supreme Court Appellate Division recently upheld a judgment against a stucco/masonry contractor under the New Jersey Consumer Fraud Act in Briggs v. Luisi, et al.. The case involved allegations by the owners of a single family home that the stucco/masonry contractor negligently performed repair work on the exterior of the house and on cracks in the home's foundation, and that the contractor violated the Consumer Fraud Act through affirmative misrepresentations and knowing omissions in connection with a five year warranty issued covering the work...

Lying Home Seller Found Liable for Hiding Mold

Posted on September 14, 2007
After a bench trial, a judge in New Haven, Connecticut ruled that the seller of a house that had obvious, visible mold damage - black mold stains in the utility room and water stained and rotted wood inside - had intentionally concealed the existence of this problem, and was liable to the buyers for the cost to prevent further water intrusion, the cost to repair the damage caused by past water intrusion, and $25,000 for emotional distress...

Construction Defect Case Frequent Claim

Posted on September 12, 2007
A component product?s failure to perform as represented by its manufacturer is a frequent claim in a construction defect cases. Often, defendants of such claims attempt to hide behind general disclaimers and limitations of warranty. Addressing the failure of a component product of yachts, the Federal Court for the New Jersey District recently denied a manufacturer?s summary judgment motion, having concluded that a general disclaimer of warranty will not automatically defeat an express warranty created by representations, descriptions and affirmations set forth in a product bulletin...

Stay issued in DJ action arising out of Amherst Mews case

Posted on September 04, 2007
In Transcontinental Insurance Co v. Jocama Construction Co, inc, et al, Case No. 06-CV-03358, 2007 U.S Dist. Lexis 54901, U.S. District Judge Freda Wolfson issued a stay of a declaratory judgment action filed by Transcontinental Insurance Co against Jocama Construction...

When Transition Negotiations Breakdown - Part 7

Posted on August 29, 2007
This is part seven of a seven part series by Donald B. Brenner, Chair and Shareholder of Stark & Stark?s Construction Litigation Group. This series will discuss what happens when your transition negotiations with your developer sponsor breakdown, and you are forced to commence with litigation...

Statute of Repose

Posted on August 27, 2007
On June 26, 2007, the Supreme Court of New Jersey held that the statute of repose begins to run on the date upon which the contractor or design professional has completed his or her portion of the work, In Daidone v. Nuterick Bulkheading, et al., Docket No...

When Transition Negotiations Breakdown - Part 6

Posted on August 15, 2007
This is part six of a seven part series by Donald B. Brenner, Chair and Shareholder of Stark & Stark?s Construction Litigation Group. This series will discuss what happens when your transition negotiations with your developer sponsor breakdown, and you are forced to commence with litigation...

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