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
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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The Transition Engineering Report: Triggering The Statute of Limitations in Condominium Construction Defect Cases
By Gene Markin
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…
First Annual National Construction Defect Conference
On November 19-20, 2015, I will be speaking at Perrin Conferences’ First Annual National Construction Defect Conference at the Ritz-Carlton Hotel and Conference Center in Fort Lauderdale, Florida. I am honored to join an esteemed panel of industry colleagues to…
Triggering the Protections of the Consumer Fraud Act with Breach of Contract
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…
Misrepresenting Their Qualifications, Inexperienced Contractors are Liable for Consumer Fraud
When finding and hiring contractors to perform construction work, property owners rely on information provided by the contractor, especially relating to the experience, skill and specialized knowledge they possess to perform the requested job. But, what happens when the contractor…
The Need-to-Knows of Living in a Condominium Development – Part Two: Common and Limited Common Elements versus Unit property in Condominiums
Read the first part of this article here.
You’re in your car heading home when you turn into your condominium development. That road you just entered, it’s a common element. On your route to your unit you pass by the…
Insurers of General Contractors Can No Longer Hide Behind Business Risk in Refusing to Defend Their Insureds in Construction Defect 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…
The Passing of the Torch – Transition of Control of a Condominium Association from the Developer to Unit Owners
Pursuant to the Planned Real Estate Development Full Disclosure Act (“PREDFDA”), N.J.S.A. §45:22A-21 et seq., a developer of a proposed condominium development that is subject to the registration requirements of PREDFDA must establish an association responsible for the management of…
The “Continuous Trigger” Theory and Construction Defect Actions: Cypress Point Condominium Association v. Selective Way Insurance Co.
A New Jersey trial court granted summary judgment in favor of Selective Insurance Company holding that the “continuous trigger” theory does not provide insurance coverage subsequent to the manifestation of damages that arose from a subcontractor’s negligence in the construction…
Ruling Affirms Construction Defect Plaintiff’s Entitlement to Counsel Fees in Confirming Coverage Available to Defendant Contractor
A unanimous New Jersey Supreme Court opinion has affirmed the rights of an aggrieved plaintiff to recover counsel fees incurred in prosecuting relief through a declaratory judgment; enforcing a duty to defend owed by a general liability carrier to a…