It’s no secret that litigation can be a costly and stressful process, and this can be particularly so for community associations finding themselves facing transition litigation following the transfer of control over the community from the sponsor/developer to the unit
Construction & Transition Litigation Law Blog
The Construction & Transition Litigation Law Blog, published by Stark & Stark, focuses on legal issues related to construction defect litigation and community association transition disputes. It covers topics such as strategies for managing transition litigation following control transfers in community associations, expert witness roles in construction defect cases, updates on construction cost estimates, and legislative developments affecting construction liability insurance. The blog also provides practical guidance for depositions and litigation tactics, emphasizing the importance of experience, fee structures, and tailored legal approaches in construction and transition-related disputes. It serves as a resource for attorneys, community associations, and property managers involved in construction and transition litigation matters.
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Latest from Construction & Transition Litigation Law Blog
So You’re Going to Get Deposed? Essential Tips for the New Deponent
Sitting in the “hot seat” for the first time can be a stressful and intimidating experience and especially so if there is significant money on the line. As a seasoned litigator, I have deposed more witnesses than I’d like to…
Pre COVID-19 Construction Cost Estimates Are Likely Outdated
In New Jersey (and virtually all other states), construction defect cases for common interest community associations are heavily reliant on expert witnesses. Even if a building system is obviously defective — in that windows leak every time it rains, cracks have…
Proposed Bill Would Require All Commercial Liability Insurance Policies Issued In New Jersey to Specify Coverage For “Faulty Workmanship”
Assemblyman Gary S. Schaer of New Jersey’s 36th District introduced a proposed bill, A.B. 1075, that would require all commercial liability insurance policies issued in New Jersey to include “faulty workmanship” within the definition of “occurrence.”…
In The Wake Of The Surfside Tragedy Fannie Mae And Freddie Mac Issue “Temporary” Requirements For Condominiums And Cooperatives
The collapse of the Champlain Towers South in Surfside, Florida, in June 2021, sent shockwaves throughout the United States and was a wake-up call to condominiums to the dangers of aging infrastructures. In light of this tragic event, secondary mortgage…
New Bill Clarifies Statute of Limitations For Community Association Transition Litigation Matters
On Tuesday, January 18, 2022, Governor Murphy signed into law Senate Bill 396, which automatically tolls (i.e. pauses) the 6-year Statute of Limitations for construction defect claims by condominium and/or homeowner associations and cooperative corporations until the first election when…
New Legislation Permanently Allows Community Association Members to Participate in Member Meetings Via Remote Communication
The New Jersey Nonprofit Corporation Act (N.J.S.A. 15A:5-1, et seq.) (the “Act”) was amended on Monday, January 22, 2022, to permanently allow remote community association member meetings (using Zoom, Teams, or other remote communication technologies). Previously, the Act permitted remote…
Is a New Statute of Limitations on the Horizon for Community Association Construction Defect Claims?
Under New Jersey’s current statute of limitations, N.J.S.A. §2A:14-1, all construction defect claims, i.e. property damage claims, must be filed within six years from when the potential claimant knew or should have known he or she had a claim. Tempered…
Construction Defects and New Jersey’s Statute of Limitations – When to File Suit
This week the New Jersey Appellate Division issued its Order and Opinion in the case of Collins v. PJW Servs., 2021 N.J. Super. Unpub. LEXIS 1556. Plaintiffs owned a home in Haddonfield, New Jersey, and wanted to add an extension,…
Read Before You Proceed – A Cautionary Tale at the Crossroads of Technology and Construction
COVID-19 unquestionably changed the world in countless ways. One of the most significant is that it forced everyone online, from our youngest to our most elder. Those who resisted the lure of online shopping or social interactions pre-COVID were thrust…